B 2529 

19 
907 
opy 1 



SCHOOL LAWS 



OF IOWA 



FROM THE CODE OF 1897 AND THE SUPPLE- 
MENT TO THE CODE OF 1907. 



WITH 



NOTES, FORMS AND DECISIONS, 



FOR 



USE AND GOVERNMENT OF DIRECTORS 
AND SCHOOL OFFICERS. 



EDITION OF 1907. 



JOHN F. RIGGS, 

Superintendent of Public Instruction. 



DES MOINES : 

EMORY H, ENGLISH, STATE PRINTER 
E. D. CHASSELL, STATE BINDER 
. 1907 



SCHOOL LAWS 



OF IOWA 



FROM THE CODE OF 1897 AND THE SUPPLE- 
MENT TO THE CODE OF 1907. 

WITH 

NOTES, FORMS AND DECISIONS, 



FOE 



USE AND GOVERNMENT OF DIRECTORS AND 
SCHOOL OFFICERS. 



EDITION OF 1907. 



JOHN F. RIGGS, 

Superintendent of Public Instruction. 



DES MOINES: 

EMORY H. ENGLISH, STATE PRINTER 

E. D. CHASSELL, STATE BINDER 

1907 



no -J 



TRANSMIT TO SUCCESSOR 



Each school officer, upon the termination of his term of office, shall 
immediately surrender to b^s successor all books, papers and moneys 
pertaining or belonging to the office, taking a receipt therefor. 

Code Section 2770. 

D. OF a 

DEC 15 *9Kj 



PREFACE 



' Section 2624 of the code authorizes the superintendent of public 

J Vinstruction to cause to be printed every four years all school laws 

^ in force up to that time, with such notes, forms, rulings and decisions 

as may be of value to school officers in the proper discharge of their 

duties, references being made to previous laws amended or changed, 

so as to indicate the effect of such amendment or change. 

As the use of former editions will be most likely to mislead, and 
since each school corporation and each school director is entitled to 
receive a copy of this law, it is urged that the use of all former editions 
be discontinued. Since another edition may not be published for four- 
years, it is earnestly advised that special pains be taken to preserve 
every copy of this edition, and that school officers superseded by elec- 
tion or otherwise will deliver to their successors in office copies in 
their possession. 

The explanatory notes printed in connection with the law governing 
school corporations have been carefully revised and in some instances 
extended to include a larger number of rulings. These notes are based 
upon decisions of the supreme court, opinions of the attorney-general, 
and the decisions or opinions of the superintendent of public instruc- 
tion. Since the value of the notes may be considered to depend 
mainly upon the source from which the same originated, refer- 
ences have, so far as seemed necessary, been given. It is urged that 
the general authorities cited be consulted where more extended in- 
formation is sought. Reports of the supreme court are found in every 
county, and may be consulted at the court house upon application -to 
the clerk of the district court. 

By school law decisions is meant the decisions rendered by the 
superintendent of public instruction in appeal cases. Cases involv- 
ing the chief principles are contained in the present volume. A care- 
ful reading of the same is earnestly urged. 



4 PEEFACE 

We have placed those sections which relate particularly to the 
administration of the public schools first, followed in order by that 
part of the Constitution of Iowa relating to public schools, the law gov- 
erning the state institutions, and that concerning' county high schools. 
Following the law are some suggestive forms for the use of school 
officers, after which are placed some of the more important decisions 
of superintendents of public instruction. 

The numbering of the older sections is that of the code of 1897, 
while through the courtesy of Honorable C. N. Jepson, editor of the 
code supplement of 1907, we are enabled to give the more recent 
sections the numbering as they will appear in that supplement. 

The sections are arranged according to number, or number and 
letter, except where such an arrangement of the newer laws would 
separate closely related sections. To bring closely related sections 
together, section 1306-b is made to follow section 2812-f, which in 
turn is followed by sections 2820-a to 2820-d. Also section 2794-a is 
made to follow section 2796, while it in turn is followed by section 
2820-e to 2820-h. 

Each section appears in full followed by all of the notes relating 
to it. Titles and catch words have been used to aid the reader to 
find the particular note he desires, and numerous cross references are 
given to aid him in finding all of the law on any point. 

The labor of revision has been performed by Mr. J. C. Bennett, 
deputy superintendent, in addition to his regular duties otherwise 
much increased by recent legislation. 

JOHN F. RIGGS, 
Superintendent Public Instruction. 

September 3, 1907. 



SCHOOL LAWS OF IOWA 



THE SUPERINTENDENT OF PUBLIC INSTEUCTION. 



Section 2621. OlRce — records — deputy. The superintendent of 
public instruction shall have an office in the capitol, in Avhich shall be 
filed and kept separately all papers, reports and documents trans- 
mitted to him each year by the several county superintendents, and 
open to inspection by the governor or a committee of either house of 
the general assembly whenever required. He shall keep a record of all 
matters and things done in his office, which, together with all other 
papers and documents, at the conclusion of his term, shall be turned 
over to his successor. He may appoint a deputy, who shall qualify in 
like manner as his principal, and who, in the absence or inability of 
the superintendent, shall perform his duties. [C. '73, §^ 766-7, 770, 
1578; C. '51, §§ 416, 1078.] 

Sec. 2622. Duties — teachers' conventions and institutes. He shall 
be charged with the general supervision of all the county superin- 
tendents and the common schools of the state ; may meet county super- 
intendents in convention at such points in the state as may be most 
suitable for the purpose, at which proper steps may be taken looking 
toward securing a more uniform and efficient administration of the 
school laws. He shall appoint, upon the request of country superin- 
tendents, the time and place for holding teachers' institutes, such 
institutes to be called when it is probable that not less than twenty 
teachers will be present, and remain in session not less than six work- 
ing days, of which time and place of meeting he shall give notice to 
the county superintendent of the proper county. He shall attend 
teachers'" institutes thus called in the several counties of the state, 
so far as consistent with his official duties, and assist in their man- 
agement and instruction. He shall have power to collect, publish and 
distribute statistical and other information relative to public schools 
and education in general; ta visit teachers' association meetings and 
make tours of inspection among the common schools and other insti- 
tutions of learning in the state, and may deliver addresses upon sub- 
jects relative to education ; to prepare, publish, and distribute blank 
forms for all returns he may deem necessary, or that may be required 
by law, of teachers, or school officers ; to publish and distribute an- 
nually leaflets and circulars relative to arbor day, memorial day, and 
other days considered by him worthy of special observance in public 
schools, the number to be determined by the executive council; to 



6 SCHOOL LAWS OF IOWA. 

prepare questions for the use of county superintendents in the exami- 
nation of applicants for teachers' certificates; and to prepare, publish, 
and distribute, among teachers and school officers, courses of study for 
use in the rural and high schools of the state, the number thereof to 
be fixed by the executive council. When any county superintendent 
fails to make any report as required of him by law the superintendent 
of public instruction may appoint some suitable person to perform 
such duties and fix reasonable compensation therefor, which shall 
be paid by the delinquent county superintendent. [31 G. A., ch. 3, § 
6; 28 G. A., ch. 94, § 1; C. '73, §§ 1577, 1584; C. '51, § 1080.] 

Notes: 1. Term of institute. No teachers' institute will be appointed for 
less than six working days. There may he two or more sessions, but one 
of them must be of at least six working days' duration. 

2. Supplemental institute. Supplemental institutes will be appointed for 
less than slix days if requeisted by the county superintendent. The sup- 
plemental session should be requested in connection with the reguiair in- 
stitute. 

Sec. 2623. Opinions — 'appeals. He shall render opinions in writing 
upon request of any school officer regarding the school law, its ad- 
ministration, and the duty of such officer, and shall determine all cases 
brought before him on appeal from the' decisions of the county super- 
intendents. [C. '73, § 1577; C. '51, § 1080.] 

Notes: 1. All questions answered. It has been the custom for many 
years to answer all proper inquiries, from whatever source, touching the 
construction and application of the school laws. 

2. Letters not returned. As all correspondence of value must be filed 
for preservation, it is obvious that it is imipossible to comply with a request 
to return a letter with the reply. 

Sec. 2624. Publication of school laws. He shall every four years, 
"f deemed necessary, cause to be printed and bound in cloth all school 
laws in force up to that time, with such notes, forms, rulings and 
decisions as may be of value in aid of school officers in the proper 
discharge of their duties, reference being made to previous laws 
amended or changed, so as to indicate the effect of such amendment 
or change ; one copy of which shall be sent to each county superin- 
tendent, and one to each district and independent district in the 
state, to be distributed by the several county superintendents. Vol- 
umes bound in paper covers shall be furnished to each school director, 
to be distributed by the county superintendent, which shall be turned 
over by the director to his successor in office. Should he deem it un- 
necessary at any time to prepare a volume as above provided, the 
superintendent may cause to be published in pamphlet form such 
amendments to the school laws as have been passed by the general 
assembly, which shall be distributed in the manner and xo the parties 
hereinbefore provided. He may subscribe for a sufficient number of 
copies of some educational school paper, printed and published in 
the state, to furnish one to each county superintendent; but no paper 
shall be selected which will not publish each decision made by him 
relating to the school law, and which he may regard of general im- 
portance ; and the certificate of having tlms subscribed shall be suf- 



SCHOOL LAWS OF IOWA. 7 

ficient authority for the auditor of state to issue his warrant upon tlic 
5tate treasurer for the amount of the subscription. [22 G. A., ch. 59; 
18 G. A., ch. 150, §§ 1, 2; C. '73, §§ 1579, 1581.] 

Sec. 2625. Reports. He shall on the first day of January report to 
the auditor of state the number of persons in each county between 
the ages of five and twenty-one j^ears, and bienniall.y to the governor; 
which report shall contain a statement of the condition of the common 
schools in the state, the number of school townships and districts 
therein, number of independent districts, number of teachers, number 
of schools, number of schoolhouses and value thereof, number of per- 
sons of school age, number of scholars in each county attending school 
the previous year, number of books in district libraries, the value of 
all apparatus in schools, and such other statistical information as may 
be of public importance, plans matured or adopted for the more perfect 
organization and efficiency of the common schools; and any sugges- 
tions he may deem important, regarding further legislation, which 
will strengthen the common schools of the state. Provided, however, 
he shall make a report during the year 1906, which said report shall 
cover the period only from the date of his last biennial report, and 
shall report to the governor bienniallv thereafter. [31 G. A., ch. 121 ; 
22 G. A., ch. 82, § 29; C. '73, §§ 1582-3; C. '51, § 1086.] 

Note: Explanation. The word districts in line five means subdistricts. 

Sec. 2626. Appropriations for institutes. To defray the expenses 
of county teachers' institutes, there is hereby appropriated out of any 
moneys in the state treasury not otherwise set apart a sum not to 
exceed fifty dollars annually for each institute held in each county, 
which sum the superintendent shall receive from the state treasurer, 
upon the warrant of the state auditor, to be issued to him upon his 
certificate ; which amount, when drawn, shall be forthwith remitted 
to the proper county superintendent. If any balance remains of this 
sum after paying the expenses of the institute, it shall be covered 
into the county treasury of the proper countv and credited to the 
institute fund. [C. '73, '§ 1584.] 

Sec. 2627. Salary and expenses. The salary of the superintendent 
of public instruction shall be twentj^-two hundred dollars per annum, 
and that of his deputy eighteen hundred dollars, to be paid monthly 
upon the warrant of the state auditor, and, in addition thereto, the 
state superintendent shall receive three hundred dollars annually, or 
so much thereof as may be necessary, to pay actual traveling expenses 
incurred in the performance of official duties, to be allowed upon an 
itemized and verified account filed with the state auditor, who shall 
draw his warrant upon the state treasurer for the amount allowed. 
[32 G. A., ch. 2, § 5 ; 28 G. A., ch. 94, § 2 ; 22 G. A., ch. 109, § 1 ; 21 G. 
A., ch. 118, § 6; C. '73, § 3760.] 

THE EDUCATIONAL BOARD OF EXAMINERS. 

Section 2628. Members. The educational board of examiners shall 
consist of the superintendent of public instruction, president of the 



8 SCHOOL LAWS OF IOWA. 

university, principal of the normal school, and two persons to be ap- 
pointed by the governor, one of whom shall be a woman, the appointees 
to hold office for a term of four years and be ineligible as his or her 
successor, the superintendent of public instruction to be by virtue of 
his office president of the board. [19 G. A., ch. 167, § 1.] 

Sec. 2629, Meetings — examination. The board shall meet for the 
transaction of business at such times and places as the president may 
direct, and shall annually hold at least two public examinations of 
teachers, to be conducted by a member or the secretary of the board or 
by such qualified person or persons as the board may select. All ex- 
aminations shall be conducted in accordance with rules and regulations 
adopted by the board, not inconsistent with the laws of the state, and a 
record shall be kept of all its proceedings. It may issue state certifi- 
cates and state diplomas to such teachers as are found upon examination 
to possess a good moral character, thorough scholarship and knowledge 
of didactics with successful experience in teaching, or with such other 
training and qualifications as the board may require. The examination 
for certificates and diplomas shall cover orthography, reading, writ- 
ing, arithmetic, geography, English grammar, bookkeeping, physiology, 
history of the United States, algebra, botany, natural philosophy, 
drawing, civil government, constitution and laws of the state, and 
didactics ; those for diplomas, in addition to the foregoing, geometry, 
trigonometry, chemistry, zoology, geology, astronomy, political econ- 
omy, rhetoric, English literature, general history, and such other 
studies as the board may require. [32 G. A., ch. 6, § 2; 29 G. A., ch. 
114; 28 G. A., eh. 95; 19 G. A., eh. 167, §§ 2-4.] 

Sec. 2630-b. Special certificates. The educational board of exam- 
iners may issue a special certificate to any teacher of music, drawing, 
penmanship, or other special branches, or to any primary teacher, of 
sufficient experience, who shall pass such examination as the board 
may require in the branches, and methods pertaining thereto, for 
which the certificate is sought. Such certificates shall be designated 
by the name of the branch, and shall not be valid for any other depart- 
ment or branch. The board shall keep a complete register of all per- 
sons to whom certificates or diplomas are issued. [28 G. A., ch. 96, 
§ 2; 23 G. A., ch. 22.] 

Notes: 1. Kinds. Under authority of this section, the board of exam- 
iners may issue special state certificates for music, penmanship, drawing or 
primary worlc only. Attorney-General, report 1904, page 198. 

2. For whom. The special state certificate is intended for teachers of 
special branches, as a recognition of professional skill, expert scholarship, 
and successful experience in teaching a particular subject. 

3. Scholarship. Wihile the candidate must possess complete and tedhnical 
knowledge of the special branch for the teiaohing of wihlch a certificate is 
desired, some general education and culture will be required, as a certificate 
cannot be granted on account of proficiency ,in one subject only. 

4. Subjects. The holder of a special certificate will be authorized to teach 
the branch specified, in any public school in the state for a perio'd of five 
years. Section 263 0-b. A special primary certificate authorizes the holder to 
teaoh in first, second or third grades for the same period. Regulation of 
board of examiners. 

5. Special county certificates. See section 273 4-e. 



SCHOOL LAWS OF IOWA. 9 

Sec. 2630-c. Validation authorized. The state educational board 
of examiners is hereby empowered to validate certificates issued 
by state departments of education in other states, where such certifi- 
cates were issued upon evidence of scholarship and experience equiva- 
lent to that required for like certificates under the laws of this state. 
[32 G. A., ch. 149.] 

Note: Certificates on college graduation. Sections 263 4-f to 263 4-h. 

Sec. 2631. Hov/ long valid — revocation — fees. A state certificate 
shall authorize the holder to teach in any public school in the state 
for five years thereafter, and a diploma shall confer such authority for 
life ; but any certificate or diploma may be revoked by the board for 
sufficient cause, or such cause as Avould, il known at the time, have 
prevented issuance thereof, provided the holder of such certificate or 
diploma shall have due notice, and shall be allowed to be present and 
make his defense. For each certifieate issued the applicant shall pay 
two dollars, and for each diploma five dollars, which may be required 
before the examination is commenced. All monies obtained from this 
source shall be paid into the state treasur3^ [32 G. A., ch. 6, § 3 ; 19 
G. A., ch. 167, §§ 5, 6.] 

Notes: 1. Subjects for which A'alid. Holders of any valid license, not a 
special certificate, may teach any subject prescribed dn the curriculum, 
whether the holder was examined in such subject. Attorney-'geneTal, report 
1906, page 42. (For validity of special state certificates, see section 2630-b.) 

2. No exemption. The fact that a teacher holds a state certificate, or a 
state diploma, does not in any way exempt him from the same obligations 
imposed by the law upon other teachers. It is the duty of all teachers to 
attend the county normal institute and to support the county superintendent 
in all measures calculated to improve the schools and to advance the inter- 
ests of education in the county. 

3. Registration of certificates. All certificates and diplomas must be reg- 
istered in each county in which the holder desires to teach. Section 2734-q. 

4. Fees. The registration fee is one dollar for each school year or part 
of the year. Section 2734-q. 

Sec. 2632. Repeal. There is hereby repealed sections twenty-six 
hundred thirty-two (2632), twenty-seven hundred thirty -four (2734), 
twenty-seven hundred thirty-five (2735), twenty-seven hundred thirty- 
six (2736), twenty-seven hundred thirty-seven (2737) of the code, and 
sections twenty-seven hundred thirty -four (2734), twenty-seven hun- 
dred thirty-six (2736), twenty-seven hundred thirty-seven (2737) of 
the supplement to the code, and following- enar-ted in lieu thereof : 

Sec. 2633. Account of moneys. The board shall keep an accurate 
and detailed account of all money received and expended, which. .w;ith 
a list of those receiving certificates or diplomas, shall be published 
by the superintendent of public instruction in his annual report. [19 
G.•A^,.ch• 167,'§,9.] ■ ■ :..■ . ■■■ , . ,,. ' .:.■..•' 

...Sec. 2634-a. . Repeal— compiensation— secretary-^ employes — sal- 
aries. That section twenty-six hundred thirty-four-a (2634-a) of the 
supplement .to the code be, and the same is hereby, repealed and the 
following enacted in lieu thereof: 

"Each member of the board shall receive for the time actually em- 
ployed in such service, his actual necessary expenses, and those not 



10 SCHOOL LAWS OF IOWA. 

salaried officers or employes of the state or any institution thereof 
shall be paid in addition three ($3.00) dollars per day. The board 
shall have power to employ a secretary and prescribe his duties. He 
shall receive a salary not exceeding one hundred ($100.00) dollars 
per month and actual necessary expenses while engaged in the per- 
formance of his duties at places other than the capitol. The board 
shall have power to employ such persons as are necessary to assist in 
examinations and in reading answer papers and for clerical work and 
other necessary assistance. Persons so employed shall receive, not 
to exceed fifty cents per hour for the time actually employed and ac- 
tual traveling expenses to and from the place where their services are 
required. All expenditures authori-^ed to be made under the provisions 
of chapter two (2) of title thirteen (XIII) of the code and of the sup- 
plement to the code and amendments thereto and under the provisions 
of chapter one hundred and twenty-two (122), acts of the thirty -first 
general assembly and under the provisions of this act shall be cer- 
tified by the chairman of the educational board of examiners to the 
executive council for payment. If found correct the executive council 
shall cause same to be paid from any funds paid into the state treas- 
ury under the provisions of section twenty-six hundred thirty-one 
(2631) of the code and chapter one hundred twenty-two (122), acts 
of the thirty-first general assemblv and amendments thereto." [32 
G. A., ch. 6, M; 27 G. A., ch. 11 ; '25 G. A., ch. 36; 19 G. A., ch. 167, 

§ 8.] 

Sec. 2634-al Printing'. This act shall be construed as giving legal 
authority to the educational board of examiners to obtain all the nec- 
essary printing for the performance of their duties, as required by 
law, in the same manner as the printing is provided for state officers. 
[Same, § 5.] 

Sec. 2634-b. Educational examiners to inspect and supervise. 
That the state board of educational examiners shall constitute a 
board for the inspection, recognition and supervision of the schools 
designed for the instruction and training of teachers for the common 
•schools. [29 G. A., ch. 115, § 1.] 

Sec. 2634-c. Accredited schools — annual visitation. That schools 
desiring state recognition shall apply to the board of educational ex- 
aminers which shall then proceed to inspect such schools with reference 
to course of study, equipment and faculty. All schools that shall 
meet -the requirements of the board of educatioijal examiners shall 
be known as accredited schools. Such schools shall have an annual 
visitation by some member of the board of educational examiners, or 
some one appointed for that purpose by said board, who shall receive 
compensation as is provided for in section 2634 of the code. [29 G. 
A., ch. 115, § 2.] 

Sec. 2634-d. Certificates — fee. Graduates of approved accredited 
schools who shall pass the required examination for a two years' 
certificate shall receive from the state board of examiners a certifi- 
cate for two years, which may be renewed under such rules as said 
board may prescribe. Applicants for a certificate shall pay a fee of 
$2 00, one-half of which shall be returned in case of failure. [29 G. A., 
ch*. li5, § 3.] 



SCHOOL LAWS OF IOWA. . H 

Sec. 2634-e. Sworn statement. At the close of each school year, 
the principal or superintendent of each accredited school shall file 
with the board of examiners a sworn statement, showing the name, 
age, postoffice address, studies and attendance of each of the students 
in his school taking the prescribed teachers' course. [29 G. A., eh. 11.5 
§ 4.] 

Sec. 2634-f. Graduates from accredited colleges. That the state 
educational board of examiners may accept graduation from the 
regular and collegiate courses in the state university, state normal 
schools, and the state college of agriculture and mechanic arts, and 
from other institutions of higher learning in the state having regular 
and collegiate courses of equal rank, as evidence that a teacher 
possesses the scholarship and professional fitness for a state certificate. 
[3-2 G. A., ch. 148, § 1.] 

Sec. 2634-g. State certificates granted. That in all cases where 
such graduation shows the extent and quality of scholarship that is 
required by section twenty-six hundred and twenty -nine (2629) of the 
supplement to the code, and when the teacher possesses a good moral 
character and satisfies the board of being professionally qualified, there 
shall be granted by said board of examiners a state certificate valid 
for five vears to teach in any public school in the state. [32 Gr. A., 
ch. 148, § 2.] 

Sec. 2634-h. Renewal. That at the close of said five years' period 
upon proof of at least three years' successful teaching experience, the 
educational board of examiners mav renew such state certificate. [32 
G. A., ch. 148, § 3.] 

Note: Certificates. By examination, sections 2629, 2630-b. On certifi- 
cates from other states, section 2630-c. 

Sec 2734-a. Repeal. There is hereby repealed sections twenty- 
six hundred thirty-two (2632), twenty-seven hundred thirty-four 
(2734), twenty-seven hundred thirty-five (2735), twenty-seven hun- 
dred thirty-six (2736), twenty-seven hundred thirty-seven (2737) 
of the code, and sections twenty-seven hundred thirty -four (2734), 
twenty-seven hundred thirty-six (2736), twenty-seven hundred thirty- 
seven (2737) of the supplement to the code, and the following enacted 
in lieu thereof. [31 G. A., ch. 122, § 1.] 

Sec. 2734-b. County superintendent — qualifications — deputy. The 
county superintendent, who may be of either sex, shall be the holder 
of a first grade certificate as provided for in tliis act, or a state certifi- 
cate or a life diploma, and shall, during his term, be ineligible to 
the office of any school director or member of the board of super- 
visors. If for any cause he is unable to attend to his official duties, he 
may appoint a deputy, who may act in his stead, except in visiting 
schools and trying appeals. He shall serve as the organ of communi- 
cation between the superintendent of public instruction and school 
township, district or independent district authorities, and transmit to 
them or the teachers thereof all blanks, circulars or other communica- 
tions designed for them. He shall visit the dififerent schools in his 
county at least once during the school year and at such other times 
as lie may be requested by a majority of the directors of any school 



12 SCHOOL LAWS OP IOWA. 

corporation, and give personal instruction to the pupils for at least 
one-fourth of the day. The county superintendent shall on the first 
Monday of each month file with the county auditor an itemized and 
sworn statement of actual traveling expenses incurred during the pre- 
vious month in visiting schools and in attending educational meetings 
within his county, and such expenses shall be paid by the county board 
of supervisors, but the total amount paid for any month shall not be 
more than twenty dollars. [31 G. A., ch. 122, § 1.] 

Notes: 1. Personal supervision. Personal supervision by the county su- 
perintendent is understood to extend to rural and village schools. Visitation 
by the county superintendent of city graded schools is not compulsory. Dur- 
ing his visit to a school the superintendent may 'hear recitations and give 
instruction to pupils; but usually the regular work of the school should pro- 
ceed under the immediate direction of the teacher. 

2. Visitation. The superintendent in his visits should endeavor to aid, 
instruct, and inspire teachers to employ the best methods of teaching, gov- 
erning and conducting their schools. He should try to secure the proper 
classification of pupils, the right use of the course of study and school 
libraries, and due care and protection of school property. He should study 
to awaken among parents and children a deeper interest in the public schools, 
so as to secure improved attendance, deportment and scholarship, and induce 
more frequent visits of parents and school officers. A judicious visit from 
the superintendent may often infuse new life into the school. 

3. Condition of buildings. Tihe county superintendent should carefully ob- 
serve the condition of the schoolhouse and surroundings, note all defects, and 
at once notify the director or board of the same. 

4. Statement of traveling expense. The itemized statement of traveling 
expenses must give the date the expense was incurred, for what, to whom 
paid, and the amount paid. 

5. Deputy — bond — compensation. A deputy of the county superintendent 
may receive such a reasonable allowance for his services as the board of 
supervisors thinks best. The deputy must take the same oath as his prin- 
cipal, must give a bond, and both appointment and bond must be approved 
by the board of supervisors before the deputy may enter upon the duties 
of his office. Code, section 1186. 

6. Legal adviser. The county attorney is the legal adviser of tjie differ- 
ent county officers. He should be freely consulted on questions of law upon 
which the county superintendent is in doubt. Section 2 740. Code, sec- 
tion 302. 

Sec. 2734-c. Examinations. On the last Friday and Wednesday 
and Thursday preceding in the months of January, June, July and 
October, the county superintendent shall meet and, with such assistants 
as may be necessary, examine all applicants for a teacher's certificate. 
Such examinations shall be held at the county seat, in a suitable room 
which shall be provided for that purpose by the board of supervisors; 
but the county superintendent may, at his discretion, cause to be 
held at the time of any regular examination an additional examination 
at some other place in the county. The questions used in such ex- 
aminations shall be furnished by the educational board of examiners, 
who shall cause the same to be printed, and the examinations shall 
be conducted strictly under rules prescribed by the board. [31 G. A., 
ch. 122, § 3.] 

Notes: 1. Supplemental examination. Where two examiinations are held 
in a county, one will be in charge of a competent deputy appointed by the 
county superintendent. It is only in exceptional cases and where a large 
numt)er of applicants will be accommodated that a second examination 
sbould be authorized. 



SCHOOL LAWS OF IOWA. 13 

2. Assistants — compensation of. The county superintendent should ap- 
point such assistants as may be necessary to properly conduct the examina- 
tion. The persons assisting shall file claims for their services with the board 
of supervisors, who s'hall audit and allow a reasonable compensation there- 
for. Section 2742. 

Sec. 2734-d. First grade certificates — subjects. The examination 
for the first grade certificate shall include competency in and ability to 
teach orthography, reading, writing, arithmetic, geography, grammar, 
history of the United States, didactics, elementary civics, elementary 
algebra, elementary economics, elementary physics, elements of vocal 
music, physiology and hygiene, which in each division of the subject 
shall include special reference to the effects of alcohol, stimulants and 
narcotics upon the human system. [31 G. A., ch. 122, § 4.] 

Notes: 1. Subjects for which valid. Holders of any valid license, not 
a special certificate, may teach any subject prescribed in the curriculum, 
whether the holder was examined in such subject. Attorney-general, report 
1906, page 42. 

2. Validity. First grade certificates are valid in any county in which 
they are registered. Section 2734-q. 

3. Term — renewal. A first grade certificate is issued for three years 
and is renewable subject to conditions named in section 2734-g. 

Sec. 2734-6. Special certificates. A special certificate may be is- 
sued for any subject or any group of subjects, taught in the public 
schools of Iowa under such regulations as the board of examiners may 
adopt. A special certificate shall be issued for a term of three years 
and shall be renewable under the same conditions as apply to the 
renew^al of first grade certificates. It shall state the names of the 
subjects for which it is issued, and shall not be valid for the teaching 
of any other subjects. [31 G. A., ch. 122, § 5.] 

Notes: 1. Kinds of special certificates. The following kinds of special 
certificates are issued: 1, music; 2, penmansihip; 3, drawing; 4, kindergar- 
ten; 5, domestic science; 6, manual training; 7, Latin; 8, German; 9, Greek; 
10, French; 11, physical culture; 12, English, including grammar, rhetoric, 
English composition and English and American literature; 13, history and 
political science, including Greek, Roman, English and American history, 
civil government of Iowa and of the United States, and economics; 14, 
mathematics, including higher arithmetic, algebra, geometry and trigonom- 
etry; 15, natural science, including physiology, physical geography, geology, 
botany and zoology; 16, physical science, including physics, chemistry and 
astronomy; 17, commercial, including arithmetic, penmanship, bookkeeping 
and commercial law; 18, stenography. 

2. Subjects may be added. Any candidate passing in one of these groups 
can at his option add another subject or group of subjects to said gromp 
without paying an additional fee, provided the examination is completed at 
a given date. 

3. Professional training. In addition to the subject or groups of sub- 
jects for which a certificate is desired, a candidate must pass a satisfactory 
examination in psychology, school management and principles and methods 
of instruction as applied to secondary education. 

4. Subjects for which valid. The holder of a special certificate may teach 
only the subjects named. 

5. Validity. Special certificates are valid in any county in the state in 
which are registered. Section 2734-q. 

6. Renewal. See sections 2734-g and 2734-k. 

7. Special state certificates. Section 2630-t). i^ 



14 SCHOOL LAWS OF IOWA. 

Sec. 2734-f . Record of examinations. A record shall be kept by the 
county superintendent of all examinations taken within his comity, 
with the name, age and residence of each applicant, and the date of 
the examination. [31 G. A., ch. 122, § 6.] 

Notes: 1. Records. The records of the examinations should be care- 
fully kept, because from them the reports to the board of supervisors, county 
and state treasurers and superintendent of public instruction must be made. 

2. Details. This record should show the names of the candidates, fees 
received and date, and grade of certificate issued to each. 

. Sec. 2734-g. First grade certificates — renewal. Applicants who 
have taught successfully for at least thirty-six weeks, or who have 
completed a course of study in an approved college or normal school 
and whose examination entitles them to the first grade certificate, shall 
receive the same for a term of three years from the date thereof, and 
such certificate shall be renewable without examination, provided the 
applicants shall show by examination or otherwise that at least one 
line of professional inquiry has been successfully conducted during 
the life of the certificate, it being made the duty of the board to for- 
ward with each certificate subject to renewal, outlines setting forth 
various lines of professional study. It is provided further that each 
application for renewal shall be accompanied by such proof of suc- 
cessful experience and professional spirit as the educational board of 
examiners may require. [31 G. A., ch. 122, § 7.] 

Sec. 2734-h. Second grade certificates — renewal. Applicants whose 
examination entitles them to the second grade certificate only, shall 
receive the same for not to exceed two years, with the privilege of one 
renewal without further examination, under the same rules as govern 
the renewal of first grade certificates. [31 G. A., ch. 122, § 8.] 

Notes: 1. Subjects. The examination for a second grade certificate in- 
cludes competency in and ability to teach all the subjects enumerated in 
section 4 of this act, excepting elementary civics, elementary economics, 
elementary algebra and elementary physics. 

2. Sub,jects for which, valid. See note 1, section 2734-d. 

3. Validity. Second grade certificates are valid in any county in whicih 
they are registered. Section 273 4-q. 

4. Term — renewal. A second grade certificate is issued for a term not 
to exceed two years and may be renewed once. See section 2734-g. 

Sec. 2734-i. Third grade certificate. Applicants whose examination 

entitles them to the third grade certificate only, shall receive the same 
for six months, provided that the county superintendent may, at his 
option, extend such certificate to the first day of the July following- 
its issue. A third grade certificate shall not be renewed and not more 
than two such certificates shall be issued to the same person. [31 
G. A., ch. 122, § 9.] 

Notes: 1. Subjects. Same as note 1 to section 2734-h. 

2. Subjects for which valid. See note 1, section 273 4-d. 

3. Validity. Third grade certificates are valid in any county in which 
they are registered. Section 273 4-q. 

4. Term — renewal. Third grade certificates are issued for six months. 
They are not eligible to renewal, but may be extended by the county super- 
intendent without fee to July 1 following date of issue. 



SCHOOL LAWS OF IOWA. 15 

Sec. 2734-j. Applicants without experience. Applicants who have 
had no experience in teaching, but whose examination entitles them 
to the first grade, shall receive a second grade certificate for two 
years, provided that when they have taught successfully under such 
certificate for not less than thirty-six weeks, they shall be entitled to 
receive a first grade certificate on the condition herein provided for 
a renewal of a certificate. [31 G. A., ch. 122, § 10.] 

Sec. 2734-k. County certificates — renewal — conditions. Any person 
who has held a first grade certificate or a special certificate in any 
county of this state for one or more years prior to the taking effect 
of this act, may have the same renewed by the board of examiners, 
provided said person has taught continuously during the preceding 
school year, and provided further, that the members ot: the school 
board of the school corporation and the county superintendent of the 
county where such person has been employed and, if in a graded 
school, the principal or superintendent under whom such person has 
taught, certify to the success of the applicant in teaching and in govern- 
ment, and unite in recommending the applicant as a teacher of effi- 
ciency, scholarship and professional spirit. Under like reconimenda- 
tions the holders of second grade certificates with first grade per 
cents may have such credit given in lieu of the examination as the 
board may determine. [31 G. A., ch. 122, § 11.] 

Notes: 1. Which eligible to renewal. First grade and special certificates 
issued prior to October 1, 1905, iSaay be renewed under the conditions named 
in this section. 

2. Second grade — credit on. The full examlination wall not be required 
of teachers holding good second grade certificates, provided satisfactory 
evidence is given that the holders of such certificates are teachers of pro- 
fessional s.pirit and of unquestioned success in the school room. 

3. Renewal — application. This section applies only to the issuing of 
uniform county certificates on first and second class and special certificates 
issued by county superintendents prior to October 1, 1905. For renewal of 
uniform county certificates, see sections 2734-e, 2734-g and 2734-h. 

Sec. 2734-1. Qualifications of applicants. Before admitting any 
one to the examination, the county superintendent must be satisfied 
that the person seeking a certificate is of good moral character, of 
which fact he maj'' require proof, and is in all respects other than in 
scholarship possessed of the necessary qualifications as an instructor. 
[31 G. A., ch. 122, § 12.] 

Sec. 2734-m. Examination papers graded — certificates issued. As 
soon as the examination is completed the county superintendent shall 
forward to the superintendent of public instruction, a list of all appli- 
cants examined, with the standings of each in didactics and oral 
reading, and his estimate of each applicant's personality and general 
fitness, other than scholarship, for the work of teaching. He shall 
at the same time forward to the superintendent of public instruction 
the answer papers written, with the exception of those in didactics. 
Under the supervision of the educational board of examiners, the 
papers shall be graded and the scholastic qualifications determined. 
The result of such examination of persons who pass the same shall 
be entered upon a certificate provided by such board, and shall be 



16 ' SCHOOL LAWS OF IOWA. 

transmitted to the county superintendent of the county in which the 
person entitled thereto resides. [31 G. A., ch. 122. § 13.] 

Notes: 1. Report of examination. All certificates are sent to ttie county 
superintendent, who should forward them to the persons to whom issued. 
At the same time, the report of the standing of those who do not receive 
certificates is sent to the county superintendent, who should at once notify 
each candidate of his standing. 

2. Checking. Imimediately upon receipt of the certificates, the countj 
superintendent should check each one with the examination sheet. By doing 
so, errors may be avoided. 

Sec. 2734-n Readers — clerical help. Immediately following each 
examination authorized by this act, the board of examiners shall call 
to their assistance a sufficient number of competent readers previously 
selected by the board, ten of whom shall be county superintendents. 
The county superintendents so chosen shall be known as head readers 
and shall also constitute a review board in cases of doubt. They shall 
also make a list of applicants from each county, nearest the passing 
mark for a third grade certificate. The head readers shall receive 
necessary traveling expenses only. All other readers shall receive 
actual traveling expenses to and from the capitol and not to exceed 
fifty cents an hour for time actually employed in reading and marking 
answer papers. Such additional clerical help as may be required may 
be employed by the board at not to exceed thirty cents per hour for 
time actually employed. [31 G. A., ch. 122, § 14.] 

Sec. 2734-0. Expenditures certified* and paid. All expenditures 
authorized by this act shall be certified by the superintendent of pub- 
lic instruction to the executive council, who shall cause the auditor 
of the state to draw warrants therefor upon the treasurer of state, 
but not to exceed the fees paid into the treasury under the provisions 
of this act. [31 G. A., ch. 122, § ^5.] 

Note: For amendment see section 2634-a. 

Sec. 2734-p. Application fee. Each applicant for a certificate shall 
pay a fee of one dollar, one-half of which shall be paid into the state 
treasury on or before the first day of the succeeding month, and one- 
half shall be paid into the county institute fund. [31 G. A., ch. 122, 
§ 16.] 

Notes: 1. Fees — collection of. A fee of $1 must be collected from every- 
one writing an examination either in part or in whole, from everyone apply- 
ing for a provisional certificate and from everyone applying for the renewal 
of a certificate. 

2. Fees — depositing. One-half of the examination fee collected must be 
paid into the institute fund and the other half must be forwarded to the 
treasurer of state, Des Moines, Iowa. These fees should be deposited on the 
FIRST DAY OF THE MONTH. Do not remit to the state treasurer on any 
other date. 

Sec. 2734-q. Registration fee. No person shall teach in any public 
school in this state whose certificate has not been registered with the 
county superintendent of the county in which such school is located. 
A registration fee of one dollar shall be charged for each year, or 
part of the year, for which the certificate or diploma is registered. 
All registration fees shall be paid into the county institute fund. 
[31 G. A., ch. 122, § 17.] 



SCHOOL LAWS OP IOWA. 1? 

j Notes: 1. Fees. A registration fee of $1 is required before a teacher 
cfin begin teaching. You can register a certificate only to the close of the 
c^/urrent school year. 

»(' 2. All licenses must be registered. Every person holding either a state 
'Certificate, state diploma, a county certificate, a special certificate, or a cer- 
jtificate to teach in kindergartens, who desires to teach in any of the public 
'schools of this state must cause such certificate to be registered with the 
,' county superintendent of the county dn which he desires to teach, no matter 
when the certificate is issued, whether before or since October 1, 1906. 
Opinion of attorney-general. 

3. Registration — when not necessary. The holder of a certificate may not 
be required to have the same registered unless he desires to teach under its 
authority. 

Sec. 2734-r. Third grade certificates — when not registered. In 

case a sufficient number of life diplomas, state certificates, first grade 
certificates, special certificates and second grade certificates are held 
in any county to supply the schools thereof, it shall not be incumbent 
on the county superintendent to register third grade certificates. [31 
G. A., ch. 122, § 18.] 

Sec. 2734-s. Special examination — provisional certificates. When 
a sufficient number of licensed teachers cannot be secured to fill the 
schools of any county, the board of examiners may, upon the request 
of the county superintendent, appoint a special examination for such 
county to be conducted in all respects as a regular examination and 
the answer papers to be forwarded to the president of the board as 
required in regular examinations, and thereupon provisional certifi- 
cates may be issued by the educational board of examiners. [31 G. A., 
ch. 122, § 19.] 

Note: 1. Provisional certificates. If, in the opinion of the county su- 
perintendent, the exigencies in his county require it, provisional certificates 
may be issued in sufficient number to permit practically all the schools to 
be opened. But it should be distinctly understood that provisional certifi- 
cates are in every instance issued on the recommendation of the county 
superintendent. The granting of such certificates, where the average falls 
under the minimum per cent fixed by the board of examiners is not ap- 
proved. If certificates are required for persons of lower scholarship, the 
county superintendent, and not the board of examiners, must bear the 
resiponsibility for causing their issue. 

Sec. 2734-t. Certificates where valid — revocations. All certificates 
provided for in this act shall be valid in any county within the state, 
when registered in such county, but a provisional certificate shall be 
valid, upon registration, only in the county in which it is issued and 
shall be issued for the same time and subject to the same extension 
as a third grade certificate, but no person shall be entitled to receive 
inore than one provisional; certificate, except upon the approval of the 
county, superintendent. Any certificate or diploma issued by the board 
may be revoked for any catise which would have authorized or re- 
quired a refusal to grant the same, or in case the holder thereof vio- 
lates any of the provisions of this act. [31 G. A., ch. 122, § 20.] 

Note: 1. Provisional certificates — number. It is the clear intent of the 
law that a provisional certificate should not be issued a second time to the 
same person. It is only in exceptional cases that the county superintendent 
should ask for a second provisional certificate for a teacher. 



18 SCHOOL LAWS OF IOWA. 

Sec. 2734-u. Revocation of certificate — charges — trial — appeal. 

When in the judgment of the county superintendent there is probable 
cause for the revocation of a certificate or diploma held bj' any teachisr 
employed in his count}^, or when charges are preferred, supported bt^"^ 
affidavits charging incompetency, immorality, intemperance, cruelty*, 
or general neglect of the business of the school, the county superintend-\ 
ent shall within ten days transmit to such person a written statement 
of the charges preferred and set the time and place for the hearing of 
the same, at which trial the teacher shall be privileged to be present 
and make defense. If in the judgment of the county superintendent 
there is sufficient grounds for the revocation of the certificate or di- 
ploma, he shall at once issue in duplicate an order revoking the cer- 
tificate or diploma, and the same shall become operative, and of full 
force and effect ten days after the date of its issue, one copy of the or- 
der to be mailed to the holder of the certificate and the other to be 
mailed to the superintendent of public instruction. Provided that the 
person aggrieved by such order shall have the right to appeal to the 
superintendent of public instruction within ten days from the date of 
such mailing and in case of appeal the revocation shall not be effective 
until the same is affirmed, after full hearing, by the superintendent of 
public instruction. Provided further, that in the case of life diplomas 
or state certificates of whatever class, the revocation shall not be effect- 
ive until affirmed by the educational board of examiners after full 
review by said board. [31 G. A., ch. 122, § 21.] 

Sec. 2734- v. List of persons holding- certificates and attending nor- 
mal institutes. The county superintendent shall annually, on the first 
Monday of September, file with the president of the educational board 
of examiners a list of all persons who for the preceding year have held 
certificates and have attended the normal institute, with the number 
of days attendance of each. A similar report of summer school attend- 
ance shall be secured by the president of the board. In any subsequent 
examination or renewal the board ma}^ give such credit for institute or 
summer school attendance as it may determine, any rule adopted to 
apply equall.v to all similar cases. [31 G. A., ch. 122, § 22.] 

COUNTY SUPERINTENDENT — DUTIES. 

Sec. 2738. Normal institute. The county superintendent shall hold, 
annually, a normal institute for the instruction of teachers and those 
who may desire to teach, and, with the concurrence of the superintend- 
ent of public instruction, procure such assistance as may be necessary 
to conduct the same, at such time as the schools in the county are 
generally closed. To defray the expenses of said institute, he shall 
require the payment of a registration fee of one dollar from each per- 
son attending the normal institutes, and the payment in all cases of 
one dollar from every applicant for a certificate : ])rovided that, if the 
applicant is granted a two-years' certificate, he shall pay one dollar 
additional. He shall monthly, and at the close of each institute, trans- 
mit to the county treasurer all moneys so received, including the 
state appropriation for institutes, to be designated the "institute 
fund," together with a report of the name of each person so eon- 



SCHOOL LAWS OF IOWA. 19 

tributing, and the amount. The board of supervisors may appropriate 
out of the general fund such additional sum as it may find necessary 
for the further support of such institute. All disbursements of the 
institute fund shall be by warrants drawn by the county auditor, who 
shall dravV said warrants upon the written order of the county super- 
intendent, and said written order must be accompanied by an itemized 
bill for services rendered or expenses incurred in connection with the 
institute, which bill must be signed and sworn to by the party in 
whose favor the order is made and must be verified by the county 
superintendent. All said orders and bills shall be kept on file in the 
auditor's office until the final settlement of the county superintendent 
with the board of supervisors at the close of his term of office. No 
warrant shall be drawn by the auditor in excess of the amount of in- 
stitute fund then in the county treasury. The county superintendent 
shall furnish to the county board of supervisors a certified itemized 
account of the receipts and disbursements of all moneys collected and 
paid out by him for a normal institute, which account th.ey shall 
examine, audit and publish a summary thereof with their proceedings 
next following the holding of the normal institute. The supermtend- 
ent shall report to the board of supervisors the first of January an- 
nually a summary of his official financial transactions for the previous 
year. [30 G. A., ch. 113; 29 G. A., ch. 123; 27 G. A., ch. 87; 17 G. A., 
ch. 54; 15 G. A., ch. 57; C. '73, § 1769.] 

Notes: 1. Time. The normal institute must be held when the public 
schools are generally closed. Section 2 773 provides that no school may be 
in session during a teachers' institute, except by written permission of the 
county superintendent. 

2. Plans. County superintendent will determine the time and place, and 
suggest the names of conductor and instructors for approval. Form 2. 

3. Term. The length of time during which the normal institute shall re- 
main in session is left to the discretion of the county superintendent. It 
cannot be in session less than six working days. See section 2 622. The 
length of time beyond this will depend largely upon the condition of the 
institute fund. 

4. Value. If the proper means are employed, the normal institute can 
be rendered invaluable to teachers. Young and inexperienced teachers 
should not expect to receive certificates, unless of the lowest grade, without 
regularly attending the normal institute. The benefits to be received should 
secure voluntary and general attendance. 

5. Faculty. A conductor of successful experience in institute work, able 
to give plain, practical instruction in methods of school organization, gov- 
ernment and teaching, should be secured early. The other instructors should 
be superior teachers of recent experience, and usually one or more lady 
teachers should be employed. 

6. Ability should be established. County superintendents should have 
sufficient evidence of the abilities of their instructors before engaging them 
In all cases where strangers are employed, references should be required, 
and inquiries made at the state department will frequently secure the 
proper knowledge. 

7. Director. The superintendent should be director, assuming the gen- 
eral oversight and direction of the institute. He is entitled to his salary 
for any service in connection wiith the institute, as for other official duties, 
but may receive no part of the institute fund. 

8. Purpose. These normal institutes are short training schools, their ob- 
ject being to reach and correct the greatest defect found in the schools. 
The superintendent, in visiting schools, should seek to discover the most 
prominent defects and wants in the methods of instruction. The normal 



20 SCHOOL LAWS OF IOWA. 

institute will afford effective means of reaching and correcting these faults. 
The great object is to instruct teachers how to teach children. 

9. Instructors, lecturers, apparatus. In normal institutes, efficient and 
earnest instructors should be employed. Charts and other appliances should 
be amply provided. Physicians and scientists may be invited to lecture, 
and teachers should be exhorted to be sincere, fearless and faithful in the 
discharge of their duty. 

10. Fees. It is apparent that the enrollment fee may not be collected 
froim any one not attending the normal institute. 

11. Reports to treasurer. The reports and payments to the county treas- 
urer should be made the first of each month, and at the end of the in- 
stitute. Forms 6, 7, 8 and 9. 

12. Settlement with supervisors. It is the duty of the .board of super- 
visors to settle with the county superintendent, at the close of his term of 
office, as with other county officers, according to the provisions of the 
law. 

13. Fee changed. The examination fee is in every case one dollar. Sec- 
tion 2 734-p. 

Sec. 2739. Reports. The county superintendent shall annually, on 
the last Tuesday in August, make a report tO' the superintendent of 
public instruction, giving a full abstract of the several reports made to 
him by the secretaries and treasurers of school boards, stating the 
manner in and extent to w^hich the requirements of the law regarding 
instruction in physiology and hygiene are observed, and such other 
matters as he may be directed by the state superintendent to include 
therein, or he may think important in showing the actual condition 
of the schools in his county. At the same time, he shall file with the 
county auditor a statement of the number of persons of school age in 
each school township and independent district in the county. He shall 
also report, as provided by law, to the superintendent of the college 
for the blind, the name, age, residence and postoffice address of every 
person, resident of the county, so blind as to be unable to acquire an 
education in the common schools; to the superintendent of the insti- 
tution for the deaf and dumb, with the same detail, all persons of 
school age whose faculties in respect to hearing or speaking are so 
deficient as to prevent them from acquiring an education in such 
schools ; and to the institution for the feeble-minded, all persons of 
like age who, because of mental defects, are entitled to admission 
therein. [31 G. A., ch. 136, § 1 ; 21 G: A., ch. 1, § 2; C. '73, §§ 1771, 
1772; R., § 2070.] 

Notes: 1. Blanks. The blanks for the annual report of the county 
superintendent, together with instructions for making the report, are fur- 
nished by the superintendent of puiblic instruction. The blanks for the re- 
ports to the different institutions sihould be furnished by the superintendents 
in charge of such institutions. 

2. Tests. The superintendent should test the accuracy of the treasurers' 
reports by consulting the books of the county treasurer. The amount of 
the several funds reported received from the district tax, also the amount 
received from the semi-annual apportionments, must agree with the county 
treasurer's receipts. 

3. Errors. All errors must be corrected. The balances reported on hand 
in the last report from the district treasurer should the following year be 
correctly accounted for and should form the first item of such report and 
be designated: "On hand at last report." , 

4. Enumeration. The abstract of the enumeration of children in each 
district should be made with special care, complete and accurate; other- 
wise the county will not obtain its just proportion of the income of the per- 
manent school tund. 



SCHOOL LAWS OP IOWA. 21 

5. Delayed reports. Should the district secretaries or treasurers fail to 
make their reports in time, the superintendent should take prompt meas- 
ures to secure them, going after them if necessary. 

Sec. 2740. Enforcing laws. The county superintendent shall see 
that all provisions of the school law, so far as it relates to the schools 
or school officers within his county, are observed and enforced, 
specially those relating to the fencing of schoolhouse grounds with 
barb wire, and the introduction and teaching of such divisions of 
physiology and hygiene as relate to the effects of alcohol, stimulants 
and narcotics upon the human system, and to this end he may require 
the assistance of the county attorney, who shall at his request bring 
any action necessary to enforce the law or recover penalties incurred. 
[21 G. A., ch. 1, § 2; 20 G. A., ch. 103, § 2.] 

Sec. 2741. Penalty. Should he fail to make the report herein re- 
quired of him to the superintendent of public instruction or the county 
auditor, he shall forfeit to the school fund of his county the sum of fifty 
dollars, to be recovered in an action brought by the county for the 
use of the school fund, and in addition shall be liable for all damages 
occasioned thereby. [C. 73, § 1773; R., § 2072.] 

Note; 1. Additional to penalty. In addition to the penalty provided 
in this section for a failure to make the annual report, the delinquent 
county superintendent is required to pay a reasonable co'mpensation to 
the person whom the superintendent of public instruction may appoint to 
make such report for him. Section 2 622. ^ 

Sec. 2742. Compensation. He shall receive a salary of twelve 
hundred and fifty dollars a year, and the expenses of necessary office 
stationery and postage, and those incurred in attendance upon meet- 
ings called by the superintendent of public instruction ; claims therefor 
to be made by verified statements filed with the county auditor, who 
shall draw his warrant upon the county treasurer therefor; and the 
board of supervisors may allow him such further sum by way of com- 
pensation as may be just and proper. [29 G. A., ch. 124; 19 G. A., ch. 
161, § 1; C. '73, '§ 1776; R., § 2074.] 

Notes: 1. Superintendent determines office days. It is the intention of 
the law that each county superintendent shall determine the time neces- 
sary to be employed in the duties of his ofHce, and the division of labor to 
be made. Of course, specific duties are required, such as making certain 
reports at times designated, visiting schools, and that he shall conform to 
the instructions from the superintendent of public instruction. 'But in gen- 
eral,' he is to decide for himself, as indicated in his oath of office, what 
means will best advance the work in his county. 

2. Office supplies furnished. The board of supervisors s'hall furniish the 
county superintendent with an office at the county seat, together with fuel, 
lights, blanks, books and stationery necessary and proper to enable him 
to discharge the duties of his office, but in no case shall such oflBcer be per- 
mitted to occupy an office also occupied by a practicing attorney. Code, 
section 468. Report, attorney-general, 1906, page 261. 

3. Office stationery — what may be included. Attendance and classifica- 
tion registers, record books for school directors and secretaries, librarian's 
records for rural libraries, institute records, report cards, and packages 
of blanks for use of school officers in calling meetings and making reports 
were held to be necessary office stationery. See decision of Judge J. H. 
Applegate in case of Hammond & Stephens Co. vs. Dallas county, Dallas 
county district court. 



22 SCHOOL LAWS OF IOWA. 

THE SYSTEM OF COMMON SCH©©LS. 

Sec. 2743. School districts — corporate powers. Each school dis- 
trict now existing shall continue a body politic as a school corporation, 
unless hereafter changed as provided by law, and as such may sue and 
be sued, hold property, and exercise all the powers granted by law, 
and shall have exclusive jurisdiction in all school matters over the 
territory therein contained. [C. '73, §s^ 1713, 1716; R., ^§ 2022, 2026; 
C. '51, § 1108.] 

Notes: 1. Boundaries. In boundaries, school townships usually coin- 
cide with civil townships. 41 Iowa, 30. 

2. Garnishee. Section 3 9 36 of the code provides that a municipal or po- 
litical corporation shall not be garnisheed. However, the corporation may 
waive exemption from this process. 25 Iowa, 315. 

3. All territory in some corporation. The policy of our law is, that the 
territory once organized for school purposes must always remain within 
some jurisdiction, and that it may not be detached from the jurisdiction to 
which it belongs without at the same time becoming a separate jurisdiction 
or a part of another jurisdiction for school purposes. 82 Iowa, 10. Decisions, 
33 and 58. 

4. General powers. A school corporation may possess and exercise the 
following powers: (a) Those granted in express terms, (b) Those neces- 
sarily implied or necessarily incident to the powers expressly granted. (c) 
Those absolutely essential to the declared objects and purposes of the cor- 
poration. 25 Iowa, 163; 39 Iowa, 447; 52 Iowa, 193; and 19 Iowa, 199. 

5. Validity of school organization. Quo warranto, rather than certiorari, 
is the proper remedy to test the validity of the organization of a school 
district, and appeal to the superintendent is not the exclusive remedy. 
129 Iowa, 53 8. 

6. Unauthorized official acts — test of. Code, section 4313, authorizing 
a quo warranto proceeding to test the official and corporate rights does not 
preclude a school township from maintaining an action in equity in its own 
name to enjoin persons, assuming without authority to act as offiicers of an 
independent district within the township, from interfering with the rights 
of the school township and also for an accounting, as the former proceeding 
is for the protection of public interest and the latter to redress private 
wrongs. 122 Iowa, 6 02. 

Sec. 2744. Names. District townships now existing shall here- 
• after be called school townships, subdivisions of which shall be called 
subdistricts. School corporations shall be designated as follows : The 
school township of (naming civil township), in the county of (naming 
county), state of Iowa; or, the independent school district of (naming 
city, town or village, and if there are two or more districts therein, 
including some appropriate name or number), in the county of (nam- 
ing county), state of Iowa; or, the rural independent school district 
of (some appropriate name or number), township of (naming town- 
ship), in the countv of (naming count}^, state of Iowa. [27 G. A., 
ch. 91, § 1; C. '73, § 1716; R., § 2026; C. '51, § 1108. 

Notes: 1. Subdistrict not a corporation. A subdistrict is not a corpora- 
tion, and whence can neither hold property nor perform any corporate act. 
Decisions, 13. 

2. Use of corporate name. In suits, contracts and conveyances, the cor- 
porate name should be strictly observed. 

3. Change of name. At their annual meeting, the electors of any rural 
independent school district may vote by ballot to change the name of the 
diotrict, and the board will be guided by this expressed wish. 



SCHOOL LAWS OP IOWA. 23 

Sec. 2745. Directors. The affairs of each school corporation shall 
be conducted by a board of directors, the members of which in all 
independent school districts shall be chosen for a term of three years, 
and in all snbdistricts of school townships for a term of one year 
[26 G. A., ch. 40; 18 G. A., ch. 143: 17 G. A., ch. 113; 15 G. A., eh. 27; 
C. '73, § 1802; R.. §§ 2099, 2100. 2106.] 

Notes: 1. Term begins. The terms of directors of independent city, 
town and village corporations begin on the third Monday of Marcih and of 
rural independent districts and school townships on the first day of July 
following their election. Sections 2757, 2758. 

2. Term when filling racancies. A director "holding over," or elected or 
appointed to fill a vacancy, assumes the duties of the office within ten days 
(section 1275), and, df "holding over," or appointed, serves until the next 
regular election (section 12 76), or, if elected, for the remainder of the term 
(section 1277). 

Sec. 2745-a. Duty of boards of school directors. It shall l)e the 
duty of all boards of school directors in school districts where the 
schoolhouse site adjoins the cultivated or improved lands of another 
to build and maintain a lawful fence between said site and cultivated' 
or improved lands. [27 G. A., ch. 88, § 1.] 

Notes: 1. Barbed wire. Barbed wire may not be used to fence a school 
site, nor for any fence or other purpose within ten feet of the site Section 
2817. 

2. Lawful fence. For the specifications for a "lawful fence" see section 
23 67 of the code. 

3. "Tight" fence. A partition fence shall be made tight by the party 
desiring it. Section 23 67 of the code. 

4. Fence viewers. The towns-hip trustees constitute the fence viewers 
for the purpose of determining matters in controversy. Section 23 67 of 
the code. 

5. Additional law. See section 2773. 

Sec. 2745-b. Eights of ov/ner of adjoining lands. The owner of 
lands adjoining any schoolhouse site shall have the right to connect the 
fence on his lands with the fences around any schoolhouse site, but 
he shall not be liable to contribute to the maintenance of the fence 
around said site. [27 G. A., ch. 88, § 2.] 

Note: Barbed wire prohibited. Barbed wire may not be used to con- 
nect the fence of an adjoining land owner with the fence around a school 
site. Barbed wire may not be brought nearer than ten feet of the school 
premises. Section 2817. 

Sec. 2746. Annual meeting of corporation. A meeting of the 
voters of each school corporation shall be held annually on the second 
Monday in March for the transaction of the business thereof. Notic'=' 
in writing of the place, day and hours during which the meeting will 
be in session, specifying the number of directors to be elected, and the 
terms thereof, and such propositions as will be submitted to and be 
determined by the voters, shall be posted by the secretary of the board 
in at least five public places in said corporation, for not less than 
ten days next preceding the day of the meeting. The president 
and secretary of the board, Avith one of the directors shall act as 
judges of the election. If any judge of election is absent at the organ- 
ization of the meeting the voters present shall appoint one of their 



24 SCHOOL LAWS OF IOWA. 

number to act in his stead. The judges of election shall issue certifi- 
cates to the directors elected. [19 G. A., ch. 51; 18 G. A., ch. 7, § 1 ; 
18 G. A., ch. 63; C. 73, ^sS 1717, 1719 ; R., §§ 2027-8, 2031, 2033; C. '51, 
§§ 1111, 1114-15.] 

Notes: 1. But one day. The meeting cannot be adjourned to another 
day, and must be held at the time and in the manner directed by the law. 
Section 2746. 

2. Notice necessary. It is mandatory upon the secretary to give ten 
days' notice of the annual meeting of the school corporation and of such 
propositions as the board or the electors by petition, as provided in section 
2749, may desire to have submitted to the electors at that time. Failure 
to do so will invalidate any action that may be taken by the electors at such 
meeting. 118 Iowa, 207. Form 8. 

3. Secretary must be directed. The secretary cannot give legal notice of 
any proposition unless directed to do so by the board of directors. McNees et 
al. vs. School Township, East River, 110 N. W., 3 25. Kinney vs. Howard, 110 
N. W., 2 82; and note 1, section 2 829. 

4. Notice — Idnd. Not less than ten days' notice by posting in at least 
five public places must be given. Section 2 746. But in S'Chool corporations 
having five thousand or more inhabitants, notice shall be posted in each 
precinct and published in a newspaper. Section 2 754. 

5. Registration. In corporations of five thousand or more inhabitants, 
the board must provide for the registration of voters. Section 2755. At- 
torney-general, report 1906, page 174. 

6. Polls open. In corporations of five thousand or more inhabitants, the 
polls shall open at 9 a.m. Section 2 756. In all other corporations at 1 p.m. 

7. Duration. In corporations of five thousand or more ixihabitants, the 
polls shall remain oipen until 7 p.m. Section 2756. In independent city, 
town and village corporations of less than five thousand inhabitants they 
must remain open five hours and in rural and independent districts and 
school townships two hours. Section 2 754. 

8. Official record. The secretary shall make a complete record of the 
transactions of each annual or special meeting of the electors Section 2 761. 
In the absence of a record the action taken may be shown by parol evi- 
dence. Kinney vs. Howard, 110 N. W., 2 8 2. 

9. Poll book. A record of the names of all persons voting shall be kept 
by the secretary. Section 2 761. 

10. By ballot, . All elections by the people shall be by ballot. Constitution 
of Iowa, article 2, section 6. Directors of subdistricts shall be chosen by 
ballot. Section 2751. Members of the board in independent districts shall 
be chosen by ballot. Section 2 754. Director-at-large of school township 
is chosen in the same manner. Section 2 823. All propositions must be 
voted upon by ballot. Section 2749. 

11. Form of ballot. (a) As to candidates. The Ijallot should designate 
the term voted for in connection with the name of the candidate. Section 
2746. 

(b) As to propositions. The ballot must state each proposition for which 
notice has been given and shall provide an appropriate place in connection 
with each for the voter to express his wish. Section 2749. Decisions. 
113. 

(c) General rule. "It is a general rule that in submitting a question -ot 
issuing b.onds, a substantial compliance with the statute is sufficient." 
Oalahan vs. Handsaker et al., Ill N. W., 22;. Kinnie vs. Howard, 11.0 N. 
W.,,282. 

12. Tie vote. A tie vote sihall be publicly determined by lot before ad- 
journment under the direction of the judges. Section 2754. . 

13. Judges. In corporations of five thousand or more, the judges for each 
precinct shall consist of a memiber of the board and two voters of the pre- 
cinct (section 2756). In all other corporations (a subdistrict is riot a cor- 
poration), the judges shall consist of the president, the secretary and a 
member of the board. Sections 2746, 2756. 



SCHOOL LAWS OP IOWA. 25 

14. Failure of judges to serve. In case any judge is absent, the electors 
present at the opening of the polls shall fill the vacancy from among their 
number. Section 2746. 

15. Compensation of judges and registrars. In corporations of five thou- 
sand or more, persons (not members of the board) appointed by the board 
to serve as judges and those appointed as registrars may receive compensa- 
tion for their services. Section 2 75 5. Attorney-general, report 1904; page 
298. 

16. Members receive no 'compensation as judges. Section 2780. 

17. Bienuial amendment — effect of. The provisions of the biennial amend- 
ment do not apply to school and municipal elections. 127 Iowa, 181. 

IS. Qualifications — electors. See section 2747. 
School officers. See section 2 7 48. 

19. Powers of electors. See sections 2749, 2750, 2812-d, 2836, 2837. 

20. Special elections. See sections 2750, 2763-a to 2763-c. 

21. Regular election. See sections 2749, 275 4, 2755, 2756. 

22. Term of director — beginning — duration. See section 2745. 

23. When qualify. See section 2758. 

Sec. 2747. Electors. To' have the right to vote at a school meeting 
a person must have the same qualifications as for voting at a general 
election, and must be at the time an actual resident of the corporation 
or subdistrict. In any election hereafter held in any school corpo- 
ration for the purpose of issuing bonds for school purposes or for in- 
creasing the tax levy, the right of any citizen to vote shall not be de- 
nied or abridged on account of sex, and women may vote at such 
elections the same as men, under the same restrictions and qualifica- 
tions, so far as applicable. [25 G. A., ch. 39.] 

Notes: 1. Qualification of electors. To be entitled to the rights of 
suffrage, a person must be a male citizen of the United States, twenty-one 
years of age, a resident of the state six months next preceding the election, 
and of the county sixty days. Constitution, article 2, section 1. 69 Iowa, 
368, and 75 Iowa, 220. He must be a legal resident of the corporation or 
subdistrict, also. 

2. Naturalization must be completed. The declaration of intention by 
one who expects to become fully naturalized, does not entitle such person 
to vote. In some states this is a fact, but in Iowa what is called second 
papers must be taken out; that is, an elector must be either a native born, or a 
naturalized citizen, must be a male, and not disfranchised in any way men- 
tioned by the law. • 

3. Citizen. All persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof, are citizens of the United States and of the 
state wherein they reside. Constituition United States, amendment XIV. See 
page 2 7, code 189 7. 

4. Residence — voting. The precinct in which an unmarried man rooms 
and sleeps, rather than the one in which he takes his meals, will determine 
the question of his residence with respect to the right to vote. 129 Iowa, 
122. 

5. Residence — thi-ee rules. (1) Must have residence somewhere. (2) 
Residence established remains until a new one is acquired. (3) Can have 
but one legal residence. 129 Iowa, 122. 

6. Residence — the vital question. The vital inquiry then in determining 
the residence of a person always is, where is his home, the home where he 
lives and to which he intends to return when absent or when sick, or when 
his present engagement ends. 129 Iowa, 122. 

7. Women voting. The law confers upon women the right to vote upon 
only the matters distinctly mentioned. They may vote upon propositions to 
issue bonds and levy schoolhouse taxes. Kinney v. Howard, 110 N. W., 282. 

8. Separate ballot box. A separate ballot box must he provided for the 
ballots cast by women, and a separate canvass made of their votes. Code, 
section 1131. 



26 SCHOOL LAWS OF IOWA. 

9. Registration. Registration is necessary in school corporations of five 
thousand or more inhabitants. Section 2755 and attorney general, report 
1906, page 174. 

Sec. 2748. Officers — qualifications. A school officer or member of 
the board may be of either sex, and must at the time of election or 
appointment be a citizen and a resident of the corporation or sub- 
district, and over twenty-one years of age, and, if a man, he must be a 
qualified voter of the corporation or subdistrict. [16 G. A., ch. 136.] 

Notes: 1. Sex not a bar. No person shall be deemed ineligible by rea- 
son of sex, to the office of director, secretary, treasurer, truant officer or 
county superintendent. Sections 2748 and 2734-b. 

2. Residence essential. Only a resident may be elected to a school office. 
Section 2748. Removal from the corporation or suMistrict creates a vacancy 
Section 1266, paragraph 3. 

3. De facto officers. In the absence of any color of election or appoint- 
ment a party to be treated as a de facto officer must have served under such 
circumstances of reputation or acquiesence as would induce the public to 
believe without inquiry that he was in fact such officer. 129 Iowa, 406. 

4. De facto officers — test of title. See Vette vs. Byington, 109 N. W., 
1073. 

5. Powers of school officers. School officers have only such powers as 
ire conferred by statute and when the conditions under which these are to 
be exercised are dearly defined they cannot be ignored. 110 Iowa, 652. 

6. De facto officers — legality of acts. The acts of officers acting under 
color of election or appointment, and in good faith, are valid. 101 Iowa, 
382. See also note 8, section 2771. 

Sec. 2749. Powers. The voters assembled at the annual meeting 
shall have powder : 

1. To direct a change of text-books regularly adopted; 

2. To direct the sale or make other disposition of any schoolhouse 
or site or other property belonging to the corporation, and the ap- 
plication to be made of the proceeds of such sale ; 

3. To determine upon added branches that shall be taught, but, 
instruction in all branches except foreign languages shall be in 
English ; 

4. To instruct the board that school buildings may or may not be 
used for meetings of public interest; 

5. To direct the transfer of any surplus in the schoolhouse fund 
to the teachers' or contingent fund; 

6. To authorize the board to obtain, at the expense of the corpora- 
tion, roads for proper access to its schoolhouses ; 

7. To vote a schoolhouse tax, not exceeding ten mills on the dollar 
in any one year, for the purchase of grounds, construction of school- 
houses, the payment of debts contracted for the erection of school- 
houses, not including interest on bonds, procuring libraries for and 
opening roads to schoolhouses. 

The board may, or, upon the written request of five voters of any 
rural independent district, or of ten voters of any school tov^^nship, or 
of twenty-five voters of any city or town independent district having a 
population of five thousand or less, or of fifty voters of any other city 
or town independent district, shall, provide in the notice for the annual 
meeting for submitting any proposition authorized by law to the 
voters. All propositions shall be voted upon by ballot in substantially 



SCHOOL LAWS OF IOWA. 27 

the following form: "Shall a change of text-books be directed?" (or 
other question as the case may be) ; and the voter shall designate his 
vote by writing the word "yes" or "no" in an appropriate place on the 
ballot. [21 G. A., eh. 131, ^ 1 ; 19 G. A., ch. 51; 18 G. A., ch. 63; C. 
73, §§ 1717, 1807; R., §§ 2027-8, 2033; C. '51, §§ 1114, 1115.] 

Notes: 1. Additional powers, (a) To vote on a proposition for county 
uniformity of text-'books. Section 2831. 

(b) To authorize the board to purchase text^books to be loaned to the 
pupils. Section 2836. 

(c) To authorize the board to issue school building bonds. Section 2812-d. 

2. Limitation of powers. The voters have only such powers as are con- 
ferred by the statute, either expressly or by reasonable implication. Note 4, 
section 2743. 110 Iowa, 652. 

3. Disposition of school property. The voters of any district when as- 
sembled at their annual meeting may direct that a schoolhouse or the school- 
house grounds not needed for public school purposes may be sold, rented, leased, 
or the use thereof granted, for any purpose that will not interfere with the 
subsequent use or value of such schoolhouse property for public school pur- 
poses. Section 2749. 

4. By ballot. Special attention is called to fhe fact that under the pres- 
ent law all propositions before the electors at their annual meeting must be 
voted upon by ballot. See last paragraph, section 2749. 

5. Sale must be directed. Schoolhouses cannot .be sold without previous 
direction of the voters, but their action in voting a tax for the erection of a 
new schoolhouse on the old site gives the board authority to remove the old 
house. Paragraph 2, section 2749. See also 110 Iowa, 652. 

6. Loaning funds. The voters ihave no authority to instruct the board 
to loan money belonging to the district, nor to order money invested in gov- 
ernment bonds. See note 2, ante. 

7. Vested right. The ^general statement is that w'hen ■ an amount has 
been voted for a specific purpose, the parties directly interested thereby acquire 
a vested right in such money appropriated, of which they may not be de- 
prived, even by the voters. 50 Iowa, 648; 100 Iowa, 317. 

8. Transfer. The only change of money from one fund to another pos- 
sible under the law is the transfer of surplus schoolhouse funds to either of 
the other funds. Paragraph 5, section 2749. 

9. Added branches. If the voters direct that any additional branches 
shall be taught in one or all of the schools, their action is mandatory, and 
the board is bound to endeavor in good faith to fulfill such wish. 44 Iowa, 564. 

10. Course of study. The voters may not limit nor restrict the board 
to the adoption of a course of study including only such branches as the 
voters may name. Nor may the voters direct that a particular branch, or 
certain branches, shall not be taught. It is the province of the board to de- 
cide what branches besides those named by the voters shall be included in the 
course of study and taught in the schools. Section 2772. 

11. Voters may not prohibit. The voters have no power to prohibit any 
branch being taught, if introduced by the board, neither has the board power 
to prevent the teaching of any study which the voters have directed shall be 
taught. 44 Iowa, 564. Section 2772. 

12. Schoolhouse taxes. All schoolhouse taxes must be voted by the voters 
of the corporation, or the subdistrict; this power cannot be delegated to the 
board. For exceptions see section 2806, note 3; sections 2811 and 2813. 

13. Sum necessary. The specific sum of money deemed necessary, and 
not a certain number of mills on the dollar, should be voted, except when a 
district lies in two counties. The per centum necessary to raise this sum is de- 
termined by the board of supervisors. Section 2806. 

14. Taxes to be voted by electors. The power to vote schoolhouse taxes 
for the purchase of sites, erection and repair of schoolhouses, and the pay- 
ment of debts contracted therefor belongs exclusively to the voters. The 
sums necessary for the teachers' and contingent funds are determined by 
the board. Amounts necessary to pay on judgments and bonds may be 



28 SCHOOL LAWS OP IOWA. 

voted by the electors or estimated by the board. Sections 2749, 2806 and 
note 3, 2813. 

15. Compelling board to act. Failing to carry out instructions from this 
meeting, the board may be compelled by mandamus to show reason why the 
expressed wish of ithe voters has not been complied with. Section 2 778; de- 
cisions, 20; 50 Iowa, 648. 

16. Suggestive action. A vote upon matters which by the law are to be 
determined by the board, is not binding upon the board, but is only sug- 
gestive. In such matters, the board will still be left free to exercise the dis- 
cretion vested in it bj the law. Note 4, section 2743. 

17. Notice necessary. In order that action may be taken at the annual 
meeting of the school corporation, it is essential that notice shall be given, 
as provided in section 2746, that such a matter will be presented at the 
meeting. When assemhled, the voters have power to act only upon such of the 
powers conferred as have been incorporated in the notice for the meeting. 
Section 2746; 118 Iowa, 207; decisions, 113. 

18. Subdistricts claim. A subdistrict has no legal claim upon school- 
house property, although in equity a tax voted to build in a certain subdistrict 
must be expended as voted, and when a schoolhouse has been built or repaired 
from schoolhouse funds raised upon that subdistrict alone, even the voters 
should recognize the vested right of the subdistrict to retain such property 
and to enjoy its use. 50 Iowa, 648. 

19. Removal from subdistrict. If it is desired to move the schoolhouse 
out of the subdistrict the voters of the school township must first so order at 
the annual meeting. Decisions, 15; paragraph 2, section 2749. 

20. Jurisdiction of court. It is the exclusive province of the courts to 
determine questions with relation to any vote at a school meeting, or with 
relation to the choice of members of the board or of officers of the board. 
Notes 10 to 13 inclusive, to section 2758. 129 Iowa, 441. 

21. Roads. See sections 2815, 2750, 2773. 

22. Text-books — change of. Sections 2749, 2829. 

23. Original indebtedness. Original indebtedness may not be created 
except by vote of the electors. Section 2 823. 

2 4. Limit of indebtedness. See section 1306-b, and section 2 82 0-a, follow- 
ing section 2 812-f. 

Sec. 2750. Special meeting. The board of directors may call a spe- 
cial meeting of the voters of any school corporation by giving notice 
in the same manner as for the annual meeting, which shall have the 
.powers given to a regular meeting with reference to the sale of school 
property and the application to be made of the proceeds, and to vote a 
schoolhouse tax for the purchase of a site and the construction of a 
necessary schoolhouse, and for obtaining roads thereto. [28 G. A., 
ch. 104; 24 G. A., ch. 21; 18 G. A., ch. 84.] 

Notes: 1. Additional powers. To authorize the board of directors to 
issue school building bonds. Section 2812-d. 

2. Additional indebtedness. Bonds may be voted under section 282 0-a 
to 2820-e only at a special meeting called for that purpose. 

3. Number of special meetings. The law does not limit the number of 
special meetings that may be called. Section 2750. 

4. Petition may not be ignored. When petitioned to call a special elec- 
tion for the submission of any proposition that may come before a special 
meeting, the board may not ignore the petition. See decisions, 93. 

Sec. 2751 Subdistrict meeting. The meeting of the voters of each 
subdistrict of a school township shall be held annually on the first 
Monday in March, and shall not organize earlier than nine o'clock 
a. m., nor adjourn before twelve o'clock m. Notice in writing of the 
time and place of such meeting and the amount of schoolhouse tax to 



SCHOOL LAWS OF IOWA. 29 

be voted shall be given by its director, or if there is none by the school 
township secretary, by posting in three public places in the subdistrict 
for five days next preceding the same. The voters shall select a chair- 
man and secretary of the meeting who shall act as judges of election, 
and shall also elect a director for the subdistrict by ballot. The vote 
shall be canvassed by the judges of election, and the person receiving 
the highest vote shall be declared elected. [22 G. A., ch. 51 ; 18 G. A , 
eh. 7, § 1; C. 73, §§ 1718-19, 1789; R., §§ 2030-1; C. '51, § 1111.] 

Notes: 1. Purpose of the law. The object is to iprevent a few design- 
ing persons from meeting at an unusual hour, dispatching the business with 
unseemly haste, and adjourning before many of the electors arrive. The 
meeting should be conducted with entire fairness, and an opportunity given 
for an expression of the real sentiment of the subdistrict. 

2. Notice. At least five days' notice shall be given by posting in at 
least three places in the distriict. Section 2 751. If a special sc'hoolhouse tax 
is to be voted on the property of the subdistrict, ten days' notice must be 
given. Section 2753. In case there is no director the above notice must be 
given by the secretary of the school township. The notice should designate 
the hour of meeting, which cannot be earlier than 9 o'clock a.m., and the hour 
of closing, which shall not be later than 12 m. Section 2751; form 11. 

3. Duration of meeting. While this section does not in terms specify 
the length of time during which a subdistrict meeting should remain in 
session, "section 2754 provides that in rural independent districts the polls 
must remain open not less than two hours. For O'bvious reasons a subdistrict 
meeting should continue in session at least the same length of time. The 
voters of the subdistrict should be given a reasonable opportunity to partici- 
pate in the meeting. 37 Iowa, 131; 39 Iowa, 380. 

4. In case of controversy. If subdistrict boundaries are in controversy 
by way of appeal, the election for directors should be made on the basis of 
the status of the subdistricts on the day of election. 

5. Organization. A chairman and secretary shall be chosen from among 
the voters present. Section 2751. 

6. Judges not qualify. The chairman and the secretary are not required 
to qualify. 

7. Judges' vote. A judge of election is entitled to his vote the same as 
any other elector. 

8. Who may not vote. No minor, non-resident, nor alien can take part in 
a meeting of voters. Section 2747. 

9. No caucus. If the voters desire to hold a caucus, it should be done 
before the subdistrict meeting is called to order. After organization but one 
lawful ballot can be taken. 

10. Tie vote. A tie vote for any elective school office shall be publicly 
determined by lot fortihwith, under the direction of the judges. Section 2754. 
This applies to all school elections. If more than two persons have each an 
equal number of votes, the same rule will apply. No second ballot may be 
taken. 

11. One ballot. Only one ballot may be taken for tihe election of director, 
and the person receiving the greatest number of votes is elected, even though 
he has not received a majority of all the votes cast. Section 2 751. 

12. Eligibility. A memher or officer of the board must have the qualifica- 
tions of an elector, if a male, but no person is ineligible to any school office 
by reason of sex. Section 2748. 

13. Special schoolhouse tax. The subdistrict may vote a tax for school- 
house purposes and the secretary of the subdistrict meeting shall certify the 
same to the secretary of the school township who shall certify it to the board 
of supervisors. Section 2753; form 12. 

14. A vote of the subdistrict not notice. A vote of the electors at a sub- 
district meeting is not legal notice that such proposition will come before the 
electors at the school township meeting as contemplated in sections 2746 and 
2746. 



30 SCHOOL LAWS OF IOWA. 

15. Tax provision legal. The provision with reference to taxes voted 
by electors of subdistriots for schoolhouse purposes, held, to give implied 
authority to vote such taxes, although the power was not elsewhere expressly 
conferred. 69 Iowa, 533. 

16. Term of director of subdistrict — ^beginning— duration. See section 
2745 and 2757. 

17. When to qualify. See section 2758. 

18. Special subdistrict meeting. See section 2753. 

19. Funds — classification of. See section 2768. 

20. Electors — qualifications of. See section 2747. 

21. Subdistrict lines — voting — taxes. Subdistrict lines determine who 
may vote at a subdistrict meeting and also fixes the limit of taxation, when a 
schoolhouse tax is voted upon the subdistrict. Sections 2 747, 2 753. 

Sec. 2752 — Number of directors. The board of directors of a school 
township shall be composed of one director from each subdistrict. But 
when there is an even number of subdistricts another director shall be 
elected at large by all the voters of the school township. When the 
school township is not divided into subdistricts, a board of three di- 
rectors shall be elected at large, on the second Monday in March, by 
all the voters of the school township. [27 G. A., ch. 92; 15 G. A., ch. 
27; C. '73, §§ 1720-1; E., §§ 2031. 2035, 2075-6; C. '51, §§ 1112, 1721.] 

Notes: 1. Number of members. The board of a school township cannot 
consist of less than three members. W'hen there is an even number of 
subdistricts one director at large must be elected on the second Monday of 
March by all the voters of the school township. 

2. Power of director-at-large. The director-at-large has the right to 
vote upon all questions before the board the same as any other member. 

3. Independent district townships. In school townships that organized as 
independent district townships under section 1814, code of 1873, the board 
consists of five members. See section 1814, code of 1873, chapter 27, fifteenth 
general assembly, and section 2754. 

4. Other corporations — number of directors. See section 2754. 

Sec. 2753. Special schoolhouse tax. At the annual subdistrict meet- 
ing, or at a special meeting called for that purpose, the voters may vote 
to raise a greater amount of schoolhouse tax than that voted by the 
voters of the school township, ten days' previous notice having been 
given, but the amount so vbted. including the amount voted by the 
school township, shall not exceed in the aggregate the sum of fifteen 
mills on the dollar. The sum thus voted shall be certified forthwith 
by the secretary of said subdistrict meeting to the secretary of the 
school township, and shall be levied by the board of supervisors only 
on the property within the subdistrict. [C. '73, § 1778; R., §§ 2033-4, 
2037, 2088.] 

Notes: 1. Tax certified. The vote should be certified to the secretary 
of the school township forthwith. Forms 12 and 14. 

2. Vote of subdistrict meeting not notice. A vote of the subdistrict meet- 
ing is not legal notice that such proposition will come before the electors at 
the school township meeting as contemplated in sections 2746 and 2749. 118 
Iowa, 207. 

3. Levy of subdistrict tax. Taxes voted at a subdistrict meeting shall 
be levied only on the property in the subdistrict. Section 2573. Such action 
IS not notice that the proposition will be submitted at the regular meeting. 
Sections 2746 and 2749; see note 14, section 2751., 

4. Other meetings. Regular subdiistriot meeting, section 2751; regular 
meeting of corporation, sections 2746, 2749, 2754, 2755, 2756; special meet- 
ing of corporation, section 2750. 



SCHOOL LAWS OF IOWA. . 31 

Sec. 2754 Elections in independent districts — tie vote. At the an- 
nual meeting in all independent districts members of the board shall 
be chosen by ballot. In any district including all or part of a city ol 
the first class, or a city under special charter, the board shall consist ol 
seven members, three of whom shall be chosen on the second Monday 
in March, 1898, two on the second Monday in March, 1899, and two 
on the second Monday in March, 1900. In all other independent city, 
town or village districts, and in all rural independent districts where 
the board now consists of six members, the board shall consist of five 
members, one of whom shall be chosen on the second Monday in March, 
1898, two on the second Monday in March, 1899, and two on the second 
Monday in March, 1900. In all independent city, town, or village dis- 
tricts where the board now consists of three members such board shall 
hereafter consist of five members, three of whom shall be elected on 
the second Monday in March, 1898, one for one year, one for two 
years, and one for three years. In all other rural independent districts 
the board shall consist of three members, one of whom shall be chosen 
on the second Monday in March, 1898, and one each year thereafter. 
In districts composed in whole or in part of cities or towns, a treas- 
urer shall be chosen in like manner, whose term shall begin on the 
first day of July, unless that date falls on Sunday, in which case, on 
the day following, and continue for two years, or until his successor 
is elected and qualified. The term of office of the incumbent treas- 
urer in said districts shall expire on the third Monday in March, 1898. 
In such districts the polls must remain open not less than five hourS; 
and in rural independent districts and school townships not less than 
two hours. In each case the polls shall open at one o'clock p. m., ex- 
cept as provided in section twenty-seven hundred and fifty-six of this 
chapter. A tie vote for any elective school office shall be publicly 
determined bv lot forthwith, under the direction of the judges. [31 
G. A., ch. 136", § 2; 27 G. A., ch. 91, 93; 22 G. A., ch. 51; 18 G. A., ch. 
7, § 2; C. '73, §§ 1789, 1808.] 

Notes: 1. No change of date. Any election by the people must be held 
on the day designated, and can neither be postponed nor adjourned to an- 
other day, and the officers voted for by the people must be elected by a single 
ballot. 

2. Caucus — informal ballot. The practice of taking an informal ballot 
for the purpose of placing persons in nomination may render the election 
illegal. Such nomination should be made outside the meeting, or at least 
before the meeting is organized. 

3. Form of ballot. In all cases, the ballot should state the term voted 
for, in conection with the name of the person. It should state all propositions 
to be voted upon. . Sections 2746 and 2749. 

4. Vacancies. All vacancies should also be filled by election, and the 
ballot should designate the vacancy to be filled, and the person so elected 
holds for the remainder of the unexpired term. Sections 275 8 and 2 771. 

5. Membership of boards. All districts comprising cities of the first- 
class and those under special charter have seven directors. In all other 
city, town or village districts, and in the rural independent districts which 
formerly had six members the board now consists of five members. In all 
other rural independent districts the board consists of three members. Sec- 
tion 2754. For school townships, see section 2 752. 

6. Treasurer. In districts composed in whole or in part of cities or 
towns, the treasurer must be elected by the people for the term df tw« 



32 SCHOOL LAWS :0F JOWA. 

years. This does not apply to village districts. In these and in all other dis- 
tricts, except those specified above, this officer is elected by the board. Section 
2754 and 2757. 

7. Tie vote. A tie vote for any elective school office must be publicly 
determined by lot 'forthwith, under the direction of the judges. This applies 
to all school elections. If more than two persons have each an equal number 
of votes, the same rule will apply. No second ballot may be taken. Section 
2754. 

8. Polls open. In corporations of five thousand or more, the polls shall 
open at nine o'clock a. m. (section 2756), and in all other corporations at 
one p.m. Sections 2754 and 2756. 

9. Polls close. In corporations of five thousand or more, the polls shall 
not close earlier than seven o'clock p.m. (section 2756) ; in other Independent 
city, town or village districts they shall remain open at least five hours; and 
in rural independent districts and school townships, two hours. Sections 
2754 and 2756. 

10. Judges. In corporations of five thousand or more, the judges for 
each precinct shall consist of a member of the board and two voters of the 
precinct (section 2756); in all other corporations the judges shall consist of 
the president, the secretary and one member of the board. In case any judge 
is absent, the electors present at the time the polls open shall fill the vacancy. 
Sections 2754 and 2756. 

11. Qualifications of electors. See section 2747. 

12. Regular meeting — notice, etc. See section 2746. 

13. Powers of electors. See sections 2749 and 2750. 

14. Special election. See section 2 75 0. 

Sec. 2755. Election precincts — register of voters — notice. Each 
school corporation having five thousand or more inhabitants may be 
divided into such number of precincts as the board of directors shall 
determine, in each of which a poll shall be held at a convenient place, 
fixed by the board of directors, for the reception of the ballots of 
voters residing in such precinct. A separate register of the 
voters of each precinct shall be prepared by the board from the register 
of the electors of any city included within such school corporation, 
and for that purpose a copy of such register of electors shall be fur- 
nished by the clerk of the city to the board of directors. Before each 
annual meeting these registers«shall be revised and corrected by com- 
parison with the last register of elections of such cities, and shall have 
the same force and effect at school meetings held under this section, 
in respect to the reception of votes thereat, as the register of election 
has by law at general elections. The board of directors of such school 
corporation, on or before the last Monday preceding such. election shall 
appoint two suitable persons to be registrars in each of the election pre- 
cincts of such school corporation for the registration of voters therein, 
who shall have the same qualifications as registrars appointed for gen- 
eral elections and shall qualify in the same manner, and receive the 
same compensation to be paid b}^ the school corporation. The regis- 
trars shall meet on the day of election at the voting place in the pre- 
cinct in which they have been appointed and shall hold continuous 
session from nine o'clock in the forenoon until seven o'clock in the 
afternoon. Any person claiming to be a voter, and who is not already 
registered in the proper precinct, may appear before them in the 
election precinct where he claims he is entitled to vote and make and 
subscribe under oath a statement in the registry book, which oath and 
statement shall be of the same general character ^as that prescribed 



SCHOOL LAWS OF IOWA. 33 

by section one thousand and seventy-seven (1077) of the code, and 
shall thereupon be granted a certificate of registration. Nothing in 
this section shall be construed to prohibit women from voting at all 
elections at which they are entitled to vote. The secretary must post 
a notice of the meeting in a public place in each precinct at least ten 
days before the meeting, and by publication once each week for two 
consecutive weeks preceding the same in some newspaper published in 
the corporation, such notice to state the time, respective voting pre- 
cincts and the polling place in each precinct, and also to specify what 
questions authorized by law, in addition to the election of director or 
directors, shall be voted upon and determined by the voters of the 
several precincts. [31 G. A., ch. 9, § 3; 29 G. A., ch. 125; 28 G. A., eh. 
105; 18 G. A., ch. 8, §§ 1-4.] 

Notes: 1. Registration mandatory. Registration is required in scliool 
corporations having five thousand or more inhabitants. Attorney-general, 
1904, page 298; 1906, page 174. 

2. Registrars — compensation. ' Registrars and judges of election iWho are 
not memibers of the board may receive compensation for their services. Section 
2755 and attorney-general, 1904, page 298. 

3. Compensation of directors. Memhers of the board may not receive 
compensation as judges of election. Section 2780. 

4. Conducting election — notices — duration. In cities of five thousand or 
more see section 2756. In other corporations, sections 2746 and 2754. In 
suibdistricts, section 2751. 

Sec. 2756. Conduct of elections. As judges of the election referred 
to in the preceding section, the board shall appoint one of its number 
and two voters uf the precinct, one of whom shall act as clerk, who 
shall be sworn as provided in case of a general election. If any person 
so appointed fails tO' attend, the judge or judges attending shall fill the 
place by the appointment of any voter present, and like action shall 
follow a refusal to serve or to be sworn. Should all of the appointees 
fail to attend, their places shall be filled by the voters from those in 
attendance. The board shall provide the necessary ballot box and poll- 
book for each precinct, and the judges shall make and certify a return 
to the secretary of the corporation of the canvass of the votes for office 
and upon each question submitted. On the next Monday after the 
meeting the board shall canvass the returns made to the secretary, 
ascertain the result of the voting with regard to every matter voted 
upon, declare the same, cause a record to be made thereof, and at once 
issue a certificate to each person elected. At all meetings held under 
this and the next preceding section, the polls shall be kept open from 
nine o'clock a. m. until seven o'clock p. m. [Same, §§ 5, 6.] 

Note: 1. Compensation of judges. Judges who are not memibers of the 
board may receive compensation. Attorney-general, 1904, page 298. 

2. Polis. Open at 9 o'clock a. m.; remain open until 7 o'clock p. m. Sec- 
tion 2756. For other corporations, see section 2754. For subdistriots, section 
2751. 

BOARD OF DIRECTORS — ORGANIZATION — OFFICERS^-POWERS. 

Sec. 2757. Meetings of directors — election of officers. The board of 
directors of all independent city, town and village corporations shall 



34 SCHOOL LAWS OF IOWA. 

organize on the third Monday in March, and those of all other school 
corporations on the first day of July, unless that date falls on Sunday, 
m which case on the day following. Such organization shall be eft'ected 
by the election of a president from the members of the board, who 
shall be entitled to vote as a member. Such special meetings may be 
held as may be determined by the board, or called by the president, 
or by the secretary upon the written request of a majority of the 
members of the board, upon notice specifying the time and place, 
delivered to each member in person, but attendance shall be a waiver 
of notice. Such meetings shall be held at any place within the civil 
township in which the corporation is situated. 

On the first day of July, unless that date falls on Sunday, in which 
case on the day following, the board of all independent city, town 
and village corporations and the retiring board in all other school 
corporations shall meet, examine the books of, and settle with the 
secretary and treasurer for the year ending on the thirtieth day of 
June preceding, and for the transaction of such other business as may 
properly come before it. On the same day the board of each inde- 
pendent city, town and village corporation, except as provided in sec- 
tion twenty-seven hundred fifty-four (2754) of this chapter, and the 
new board of every other school corporation, shall elect from outside 
the board a secretary and treasurer, but in independent districts no 
teacher or other employee of the board shall be eligible as secretary. 
All officers shall be elected by ballot and the vote shall be recorded 
by the secretary. Should the secretary or treasurer fail to report as 
provided in sections twenty -seven hundred sixty-five (2765) and twen- 
ty-seven hundred sixty-nine (2769) of this chapter, it shall be the 
duty of the new board to take any action necessary to secure a proper 
settlement. 

Notes: 1. Settlemeaat. It is suggested that the retiring board in all 
rural corporations meet in the morning of the day for the July meeting to 
settle with the secretary and treasurer and to close up the business for the 
year. It will be necessary for the retiring board to complete its business in 
time for the new board to organize and transact its business. 

2. Organization. The new board should organize immediately thereafter, 
elect successors to the retiring secretary and treasurer and transact such 
other business as may come before it. 

3. Adjourned Meeting. If a quorum be not present, the members present 
should effect a temporary organization (section 2772) and appoint a date 
and place for an adjourned meeting, at which time a permanent organization 
may be effected and the business of the annual meeting completed. 75 Iowa, 196. 

4. President must qualify. The director chosen as president must qualify 
before assuming the duties of that ofBce. Constitution of Iowa, section 5, 
article 11. 

5. Special meetings — notice of. If the president is unwilling to call a 
special meeting in compliance with a request from members, then a majority 
of the board may cause a notice of the meeting to be given by the secretary, 
signed by the mem'bers who desire to have the meeting called, which written 
notice sihould be by the secretary handed to each member of the board and 
to the president. Section 2757. 

6. Notice — time of. As the law is silent with regard to the length of 
time notice should be given before the time of meeting, it is taken for granted 
the law intends that a reasonable notice as to the time shall be given. What 
such reasonable notice is must be determined for each locality by the con- 
ditions. 



SCHOOL LAWS OF IOWA. 35 

7. Neglect of duty. If a school officer habitually or wilfully neglects his 
duty, and the public good suffers by such negligence, a court may compel him 
to attend to the necessary duties of his office. 50 Iowa, 648. Section 2 82 2. 

8. Place of meeting. This section authorizes boards to hold meetings 
in any district within the same civil township. 

9. Day of meeting. There is no provision of law that will prevent a board 
from transacting business upon any day except Sunday. 

10. Failure toi elect officers. If the board fails to elect a president, a 
secretary, or treasurer, in districts where such officer is elected by the board, 
upon the day fixed by law or at a meeting adjourned from that day to a day 
certain, then the incumbent may qualify anew and hold the offce for another 
year. 75 Iowa, 196. But in order that a presiident may thus hold over, his 
term as a member of the board must also continue. Section 2757. 

11. Hold but one office. No person may hold two offices of the board at 
the same time. 

12. May not be compelled to qualify. No one may be compelled to qualify 
as •:! member or officer of the board. 

13. Duties must be performed. Any duty imposed upon the board as a 
body must be performed at a regular or special meeting, and made a matter 
of record. 47 Iowa, 11. 

14. Consent of individual members. The consent of the board to any 
particular measure, obtained of individual members when not in session, 
is not the act of the board, and is not binding upon the district. 67 Iowa, 164. 

15. Receive reports of committees. The board may receive and act 
upon communications from persons selected outside the board to report upon 
matters referred to such persons as a committee. 

16. Power may not be delegated. An official trust cannot be delegated. 
Neither the board nor any member may appoint a substitute to perform the 
official duties of a member or of the board, but the board may appoint a 
committee of its number with power to act for the board in a given case. 

17. Adjourned meetings authorized. Where the law requires a certain 
duty to be performed by the board upon a fixed day, and does not expressly 
forbid its performance later than the date mentioned in the law, as for instance 
the election of a secretary and a treasurer, an adjournment of the meeting to 
another fixed date will allow the transaction of the business directed to be done 
on the day of the regular meeting. 75 Iowa, 196. 

18. Director ineligible as secretary or treasurer. A director is Ineligible 
to the office of secretary or treasurer so long as he remains a member of the 
board. Section 2757. 

19. Presumption of regularity. In the absence of proof, it will be pre- 
sumed on appeal, that the proceedings (of school officers j were regular and 
the grounds sufficient. 109 Iowa, 169. ^ 

20. Rules and regulations. The board should adopt necessary rules and 
regulations to govern the members thereof in their deliberations. This is 
necessary in order that business may be conducted legally and with dis- 
patch. Section 2772. 

*21. Order of business. To further expedite business, a board should 
adopt and follow an "order of business." The following is suggested and 
may be changed to suit the needs of the board: 1. Call to order. 2. Roll 
call — to determine that a quorum is present. 3. Reading minutes of previ- 
ous meeting. 4. Reports of standing committees. 5. Reports of special 
committees. 6. Communications and petitions. 7. Auditing claims. 8. 
Unfinished business. 9. New business. 10. Adjourn. 

Sec. 2758. Qualification of directors — vacancies. Any member of 
the board may administer the oath of qualification to any member 
elect, and to the president of the board. Each director elected in 
March, 1906, or at any regular election thereafter, shall qualify on 
or before the date for the organization of the board of the corporation 
in which he was elected by taking an oath to support the constitution 
of the United States and that of the state of Iowa, and that he will 



36 SCHOOL LAWS OF IOWA. 

faithfully discharge the duties of his office; and shall hold the office 
for the term to which he is elected, and until a successor is elected 
and qualified. In case of a vacancy, the office shall be filled by ap- 
pointment by the board until the next annual meeting. In all rural 
school corporations, the term of office of directors whose terms expire 
on the third Monday in March, 1906, is hereby extended to July 1, 
1906. [31 G. A., ch. 137; C. '73, §§ 1752, 1790; R., §§ 2032, 2079; C. 
'51, §§ 1113, 1120.] 

Notes: 1. Oath — who may administer. Any school director is author- 
ized to administer to a school director elect the official oath required by law, 
but the secretary cannot administer this oath unless he is one of the many 
officers empowered by law to administer oaths. 

2. Oath — when director may take. A director-elect may take the oath 
of qualification at any time between the day of election and the close of the day 
for organiization of the board. 53 Iowa, 687; 101 Iowa, 382. Section 2758. 
A person appointed as a member of the board is required to qualify within ten 
days. Code, section 1275. 

3. Hold over. In case a director-elect fails to qualify by the close of the 
day for the organization of the board, the incumbent may continue in office 
until the next regular election, but, in order to do so, he must qualify anew 
within ten days from that tixae. Code, isections 1265 and 1275. 

4. Failure to qualify. If a person who is elected as his own successor 
fails to qualify on or before the day for the organization of the board, a vacancy 
exists which should be filled by appointment. Code, section 1266. 

5. Failure to appear. Failure to appear at the meeting of the board 
on the day for its organization will not prevent a qualification being valid if 
the member-elect takes the oath of office before the close of that day. 

6. Time directors serve. A director continues in office until a successor 
is elected and qualified, whether chosen by the electors or appointed by the 
board. Section 1276. 

7. Term. (1) Beginning. The term of director in independent city, 
town and village corporations begins the third Monday of March, and of rural 
independent districts and school townships on the first of July following his 
election. Section 2757. 

(2) Length of. In school townships the term of director is one year; 
in independent corporations, three years. Section 2745. 

8. Filling vacancies. (1) Beginning. Persons holding over or appointed 
or elected to fill a vacancy must qualify within ten days. Section 1275. 

(2) Length of. Persons holding over or appointed by the board to fill 
vacancies serve until their successors, elected at the next regular meeting of 
the corporation, qualify. Section 1276. Persons chosen by the electors to 
fill vacancies serve the remainder of the term. Section 1277. 

9. When to qualify — contested election. When an election is contesited, 
the person elected shall have ten days in which to qualify, after the date of 
the decision. Code, section 1177. 

10. Refusal to issue certificate of election. The failure or refusal of the 
proper officers to issue a certificate to a person duly elected, cannot operate 
to deprive such person of his rights. The certificate or commission is the best, 
but not the only evidence of an election, and if that be refused secondary 
evidence is admissible. McCrary on elections, section 171; decisions, 9. 
Mandamus is the proper remedy to compel the board of canvassers to declare 
elected and certify to the election of the party receiving thfe hiighest number 
of votes. 36 Iowa, 291. 

11. Board determines identification of members. While a board may use 
its own judgment as to who shall or who shall not be received as a member of 
the board, any one aggrieved has his remedy through the courts; that is, the 
membership of the board is not finally determined by any action of the board. 
125 Iowa, 193. 

12. Title^ — how determined. The rig'ht or title to hold office cannot be 
determined by an appeal to the county superintendent. The proper remedy for 



SCHOOL LAWS OF IOWA. 37 

any person aggrieved by the action o.f the 1>oard relating thereto is a petition 
to the district court. Code, sections 4313 and 4320; decisions, 9. Quo war- 
ranto is the proper proceeding to determine the title to an ofRce. 125 Iowa, 193. 

13. Province of courts. It is the exclusive province of the courts to 
determine questions with relation to any vote of la school meeting or with re- 
lation to the choice of members of the board or officers of the board. De- 
cisions, 20. 

14. Elections — regular. Sections 2746, 2751, 2754; to fill vacancy, sec- 
tion 2771. 

Sec. 2759. President — employment of counsel. The president of 
the board of directors shall preside at all of its meetings, sign all war- 
rants and drafts, respectively, drawn upon the county treasurer for 
money apportioned and taxes collected and belonging to his school 
corporation, and all orders on the treasurer drawn as provided by law, 
sign all contracts made by the board, and appear in behalf of his 
corporation in all actions brought by or against it, unless individ- 
ually a party, in which case this duty shall be performed by the sec- 
retary. In all cases where actions may be instituted by or against 
any school officer to enforce any provision of law, the board may 
employ counsel, for which the school corporation shall be liable. [19 
G. A., ch. 46; C. 73, §§ 1739-40; R., §§ 2039-40; C. '51, §§ 1122-3, 1125.] 

Notes: 1. President may not hold over. A president whose term as 
director has expired may take no further part in the board, even though a 
new president has not been chosen. 

2. President may vote. The president has the right to vote on all ques- 
tions coming before the board. If by such vote a tie is produced, the motion 
is lost. Section 2757. 

3. Temporary president. Wihen the board is without a president, a tem- 
porary president may be appointed from the members of the board, who, dur- 
ing the time he is acting as president, may sign orders and contracts and do 
all other acts proper to be done by the president, but he is not authorized to 
act except when the board is in session. Section 2 772. 

4. Order book — custodian of. The secretary is the custodian of the order 
book. He fills out the orders, which the president afterward signs. Section 2762. 

5. Order must indicate fund. To be valid, an order must express upon lits 
face the fund on which it is drawn, and name the purpose for which it was 
issued. Section 2762. 

6. Failure to attach official title. The failure of an officer to attach his 
official title to his signature will not affect the instrument so far as the dis- 
trict is concerned, provided the writing was authorized, and made for the 
district, and this fact can be shown. 7 Icwa, 509; 11 Iowa, 82. 

7. Personal liability. Unless the fact that official approval was author- 
ized can be shown, personal liability may follow. 59 Iowa, 696. 

8. Authority- for signing. An order on the treasurer may be drawn only 
by the authority of the board. Section 2780. 

9. Expense of litigation. The expense in suits provided for by this section 
should be paid from the contingent fund. Section 2768. 

10. Appeals not actions. Appeals to the county superintendent or super- 
intendent of public instruction, are not actions brought by or against the 
district, nor are they actions brought by or against any of the school officers, 
within the meaning of the law, and no charge can be made against the district 
for attorney fees. 36 Iowa, 411. 

11. President may not bring suits. The president does not have author- 
ity to bring suits in the name of the corporaMon on his own motion. 85 Iowa, 387. 

12. Service of notice. 'Service of notice miay be made on either the presi- 
dent or the secretary. Code, section 3531. 

Sec. 2760. Bonds cf secretary and treasurer. The secretary and 
treasurer shall each give bond to the school corporation in such penalty 



38 SCHOOL LAWS OF IOWA. 

as the board may require, and with sureties to be approved by it, 
which bond shall be filed with the president, conditioned for the 
faithful performance of his official duties, but in no case less than 
five hundred dollars. Each shall take the oath required of civil officers, 
which shall be indorsed upon the bond, and shall complete his quali- 
fication within ten days. In case of a breach of the bond, the presi- 
dent shall bring action thereon in the name of the school corporation. 
[15 G. A., ch. 27; C. '73, §^ 1721, 1731; R., §§ 2035, 2037, 2076; C. 
'51, § 1144.] 

Notes: 1. Official bond. The law requires all official bonds to be se- 
cured by at least two sureties who are freeholders, and whose aggregate prop- 
erty is double the amount of the bond, the oath of office to be subscribed on 
the back of the bond, or attached thereto, and the sureties to make affidavit that 
they are worth the amount named. Form 15. A guarantee company may be 
aocepted as surety. Sections 360 and 1187. 

2. Sureties and principal must qualify. At least two sureties are re- 
quired, who must be resident freeholders of this state, and each of whom 
must make an affidavit as surety. Both the principal and the sureties must 
qualify before some one empowered to administer oaths. Code, sections 358 
and 359. 

3. Requalify. If the treasurer is re-elected, or continues in office by 
reason of failure to elect a successor, his bond must be renew^ and he should 
produce and account for the funds in his hands, and the statement of such 
settlement should be endorsed upon his new bond before the same Is ap- 
proved by the board. Code, section 1193. 

4. Liability of treasurer. The treasurer of a school district is absolutely 
liable for all money coming into his hands by virtue of his office. 40 Iowa, 
130; 37 Iowa, 550; 80 Iowa, 497. 

5. Member should not be surety. As the bonds of the secretary and the 
treasurer must be approved by the board, no member should become surety 
for one of these officers. 

6. Failure to give bond. Any officer whose duty it is to give bonds for 
the proper discharge of the duties of his office, and who neglects so to do, is 
guilty of a m'isdemeanoT, and is liable to a fine. Code, section 1197. 

7. Liability of board. A board approving bonds known to be insufficient, 
does not discharge the duty incumbent upon it, and is liable on a charge of 
misdemeanor. 14 Iowa, 510; 18 Iowa, 153. Code, section 4904. 

8. Additional security. Any officer or board who has the approval of 
another officer's bond, when of the opinion that the public security requires it, 
upon giving ten days' notice to show cause to the contrary may require him 
to give such additional security by a new bond, within a reasonable time to be 
prescribed. Code, section 1281. 

9. Relief of surety. By petitioning the board a surety may ask to be re- 
lieved from his obligation on a bond. Code, sections 1283 and 1285. 

10. Board not bound to notify. The board of directors Is not bound to 
notify or warn sureties of the dishonesty of a re-elected treasurer. 

11. AH qualify. All the officers of the board must take*the oath of office 
as prescribed by section 5, article 11, of the constitution. See form 55. 

12. When qualify. The secretary and the treasurer have ten days in 
which to qualify. 

13. Guarantee company may become surety. Any association or corpora- 
tion which does the business of insuring the fidelity of others, and which has 
authority by law to do business in this state, shall be accepted as surety upon 
bonds required by law, with the same force and effect as sureties above 
qualified. Code, section 1187. 

14. Guarantee company's certificate. Any company engaged in the busi- 
ness of becoming surety upon bonds shall file, with the clerk of any county 
in which it shall do business, a certificate from the state auditor that it has 
complied with the law and is authorized to do business in this state; and 
Should said authority be withdrawn at any time, the state auditor shall at 



SCHOOL LAWS OF IOWA. 39 

ance notify the clerk of eaoh. distriict court to itbat effect. Code, seotionis 359 
and 360. 

Sec. 2761. Duties of secretary. The secretary shall file and pre- 
serve copies of all reports made to the county superintendent, and 
all papers transmitted to him pertaining to the business of the corpo- 
ration; keep a complete record of all the proceedings of the meetings 
of the board and the voters of the corporation in separate books ; 
keep an accurate, separate account of each fund with the treasurer, 
charge him with all warrants and drafts drawn in his favor, and credit 
him with all orders drawn on each fund ; and he shall keep an accurate 
account of all expenses incurred by the corporation, and present the 
same to the board for audit and payment. At the annual meeting 
he shall record, in a book provided for that purpose, the names of all 
persons voting thereat, the number of votes cast for each candidate, 
and for and against each proposition submitted. [C. '73, §§ 1741, 
1743; R., §§ 2041-2; C. '51, § 1128.] 

Notes: 1. ImpoW^nce of secretary's work. A large amount of labor de- 
volves upon the secretary. The fidelity and promptness with which he at- 
tends to ihis duties make his assistance very valuable to the board and the 
district, and determine, in a large degree, the accuracy and completeness 
of his annual report to the board and to the county superintendent. 

2. Minutes — keeping of. It is essential that the record of the proceedings 
of the board and of the district meetings should be properly kept. Every 
transaction should be carefully noted, and the proceedings read and ap- 
proved. Decisions, 113. 

3. Minutes as evidence. The minutes of a meeting as recorded at the time 
by ithe secretary, mus£ be regarded the best evidence as to the understanding 
the board had of a suhject, at the time the question was voted upon. De- 
cisions, 6, 31, 36 and 50. 

4. Proceedings submitted to board. The proceedings of any meeting in 
relation to voting schoolhouse taxes, must ,be submitted by the secretary, 
who is the proper custodian of the records, to the board, to form the basis 
of its action in appropriating and certifying schoolhouse taxes to the board 
of supervisors. Section 2806. 

5. Failure to record proceedings in separate books. The failure of the 
secretary to record all the proceedings of the board and of the district 
meetings in separate books, kept for that purpose, will not render the pro- 
ceedings void. 8 Iowa, 298. 

6. Public records may be inspected. Public records are public property, 
and are open to inspection at proper times by any citizen. No public officer 
may refuse examination of the records, but as he is their custodian, and is 
charged with their safe keeping, he must keep tihem in his possession. 

7. Records — certified copy of. Every officer having the custody of a 
public record or writing is bound "to give any person, on demand, a certified 
copy thereof on payment of the legal fees therefor. Code, section 463 8. 

8. May not act. The secretary may not act as president or treasurer of 
the board. 

9. Librarian. The secretary, as the clerical officer of the board, cares 
for the records of the district (section 2761) and is the librarian of the 
corporation, unless the board appoints some oth-er person. Section 2823-r. 

10. Cash account. The secretary is required by this section to keep an 
account current with the district treasurer. This account, properly kept, 
will assist the hoard in its frequent settlements with the treasurer, as re- 
quired by section 2780. 

11. Minutes—correction of. A court of equity may hear parol evidence 
.0 correct the record. 110 Iowa. 707. 

Sec. 2762. Warrants. He shall countersign all warrants and drafts 
upon the county treasurer drawn or signed by the president; draw 



40 SCHOOL LAWS 6p IOWA. 

each order on the treasurer, specify the fund on which it is drawn 
and the use for which the money is appropriated; countersign and 
keep a register of the same, showing the number, date, to whom drawn, 
the fund upon which it is drawn, the purpose and the amount ; and at 
each regular annual meeting furnish the board with a copy of the 
same. [31 G. A., ch. 136, § 4; 19 G. A., ch. 46; C. '73, §§ 1739, 1782; 
R., §§ 2039, 2061; C. '51, §§ 1122-3.] 

Notes: 1. Claims must be audited. All demands, w>hetiher by contract 
or otherwise, must be approved by the board when in session, before an 
order may be drawn on the treasurer, and the secretary shall draw no order 
unless he is authorized to do so by a vote of the board, at a regular or 
special meeting. Form 17. Section 2 780. 

2. Secretary holds the order book. The secretary should hold the order 
book, for by this means he can better keep his records, make the transcript 
to the treasurer of orders drawn, and more easily make his final report 
to the board in July. Section 2 762. 

3. Comply with lawful instructions. The secretary, president, and treas- 
urer, must conform to the instructions of the board, as far as those direc- 
tions are in accordance with law, but they should not comply with an in- 
struction directing them to do an illegal act. Section 2760. 

4. When warrant should be refused. If the board appropriates money 
to pay its members, or for any other Illegal purpose, the secretary should 
refuse to draw and the president should decline to sign the order, and, if 
drawn, the treasurer should refuse to pay it. Section 2760. 

5. How relieved from responsibility. ' A member may relieve ihimself of 
the responsibility of an Illegal act of the board, by moving that the ayes 
and noes be taken, and by voting no on the unlawful proposition. Members 
of the board are not liable to prosecution for errors w;hen not shown that 
they acted in bad faith. 69 Iowa, 53 3. 

6. Teachers' salaries. The board imay authorize the president and secre- 
tary to draw warrants for the payment of teachers' salaries at the end of 
each school month, upon proper evidence that the service has been per- 
formed, but the order for wages for the last month should not be drawn 
until the full report required by section 2789 is filed in the office of the 
secretary. 

7. Warrants — when illegal. School orders issued without a vote of the 
board, or otherwise illegally issued, although they may be signed by the 
president and countersigned by the secretary, are not binding upon the dis- 
trict, neither can they acquire validity by being transferred to third parties. 
If illegal when issued, they are illegal forever. 19 Iowa, 199 and 248. De- 
cisions, 11. 

8. Not negotiable. An order is not a negotiable ipaper. It is subject to 
all equities and defenses to which it would have been subject in the hands 
of the payee. 22 Iowa, 595; 29 Iowa, 339, and 92 Iowa, 676. 

9. Defects not removed by transfer. An order issued illegally does not 
acquire validity by trans'fer. See note 8. 

10. Terms of. School .orders may not be drawn payable on time, nor 
should any mention regarding interest be in the order. An order may not 
be made payable at any other place than the treasury of the district. Sec- 
tion 2768. 

11. Registration. The registry of orders is an important matter. Every 
order drawn sbould be promptly reported to the district treasurer, as he 
has no other means of determining the amount of outstanding orders, and 
otherwise cannot comply with the law requiring him to make partial pay- 
ments. Section 2 768 and form 18. 

Sec. 2763. Repeal. That section twenty-seven hundred sixty- 
three (2763) of the code be and the same is hereby repealed, and the 
following enacted in lieu thereof. [31 G. A., ch. 138, § 1 ; 18 G. A., 
ch. 59; C. '73, §§ 1742, 1822; K, § 2043; C. '51, § 1129.] 



SCHOOL LAWS OF IOWA. 41 

Sec. 2763-a. Notice of speciAl meetings in corporations of five thou- 
sand or more. The secretary of the board of directors of any school 
corporation which is divided into precincts, shall give notice of all 
special meetings of the voters, as provided by section twenty-seven 
hundred fifty-five (2755) of the supplement to the code. Each 
notice shall state the date, place and hours during which the meeting 
will be in session, and the object of the meeting. [31 G. A., ch. 138, § 2.] 

Notes: 1. Computing time. The statutory mode of computing time ex- 
cludes the day on which the notice is posted, and includes the day of 
meeting. 61 Iowa, 3 03. Code, section 48, subdivision 23. Forms 8 
and 11. 

2. Notice necessary. Failure to comply with the law with respect to the 
notice invalidates the proceedings of the meeting, even if regular in oitiher re- 
spects. Sections 2746, 2749, 2750, 2755. 118 Iowa, 207. 

3. Kind of notice. It follows that notice through the newspapers or any 
other notice than as named in the law, will not take the place of the kind 
of notice required by the law, given in the manner indicated. 

4. Proving. The posting up or service of any notice or other paper re- 
quired by law may be proved by the affidavit of any competent witness at- 
tached to a copy of said notice or paiper and made within six months of the 
time of such posting up. Code, section 4681. 

Sec. 2763-b. Nctice of speciil meeting's in independent corporations 
of less than five thousand. The secretary of the board of directors for 
any school corporation, located wholly within or partly within the 
corporate limits of cities of the first class, cities of the second class, or 
incorporated towns, which may not have adopted the provisions of 
section twenty-seven hundred fifty-five (2755) of the supplement to 
the code and divided into precincts, shall give notice of special meet- 
ing of the voters in the same manner as for the annual meeting, by 
posting at least five notices in five public places Avithin said corpora- 
tion, for not less than ten days next preceding the day of special 
meeting. Each notice shall state the date, place and hours during 
which the meeting will be in session, and the. ob.ject of the meeting. 
[31 G. A., ch. 138, § 3.] 

Note: See notes to section 2763-a. 

Sec. 2763-c. Notice of special meetings in school townships. The 
secretary of the board of directors for any school township or for any 
school corporation not included in the preceding sections, shall give 
ten days' printed or written notice of special meeting to the voters, 
posted in at least five public places within the corporation. They shall 
be posted at the door of each schoolhouse. and also at or near the 
last place of meeting, 'and each notice shall state the date, place and 
hours of meeting. [31 G. A., ch. 138, § 4.] 

Note: See notes to section 2 7 63-a. 

Sec. 2764. Register of persons of school age. He shall, between the 
first day of June and the first day of July of each year, enter in a 
book made for that purpose, the name, sex and age of every person 
between five and twenty-one residing in the corporation, together w't'i 
the name of the parent or guardian. [32 G. A., § 5; C. '97, § 2764.] 



42 SCHOOL LAWS OF IOWA. 

Notes: 1. Time. The law intends that no part of the enumeration shall 
be taken before the first day of June. What is desired is that the nunl'ber 
of persons of the ages of five to twenty-one having an actual residence in a 
corporation on the first day of June, shall be enumerated in that corpora- 
tion. No enumeration shall be made after the first day of July. 

2. Whom to include in the enumeration. Every person between five and 
twenty-one should be enumerated where he resides. A child in one of the 
charitable or reformatory institutions temporarily, and w^hose parents or 
guardian reside in another part of the state, or in another school district, 
is a resident of the district in which his parents reside, and should be enumer- 
ated there. If in the institution to remain permanently, having no parents 
or guardian, ihis residence is in the district in which the institution is 
located, and he should be enumerated therein. 

3. What desired. The actual truth as to the number of school age is 
what is sought. Anything else disturbs the equality which by right, exists, 
and prevents all from receiving exact justice in the apportionments. 

4. How obtained. The number of persons of school age can be obtained 
only by a careful and conscientious census. It includes all persons between 
five and twenty-one years having a residence within the district, even if 
married. Form 19. 

5. Rights of each district. Each district deserves credit for every one of 
proper age, but is entitled to no more. It is obvious that a guess or esti- 
mate regarding even a single individual is to be avoided. Section 2808. 

6. By whom talten. In independent districts it is the duty of the secre- 
tary to take the annual school enumeration required. by the first clause of 
this section, unless the board a'Ssigns the duty to another 'person. In any 
case proper extra compensation should be given for the work required, if the 
district is a large one. Section 2764. 

7. Joint districts. In districts formed of parts of two or imore counties, 
the secretary should make the annual report to the county superintendent 
ihaving jurisdiction over their teachers, and with whom they register their 
certificates. This report should not include those children who reside in 
iportions of the district lying in other counties. The remaining number of 
children should be reported by the secretary to the superintendents of the 
other counties having territory in such district. 

8. Guardian, Upon the death of both parents the grandfather or grand- 
mother, if living, becomes the natural guardian of an orphan infant. 127 
Iowa, 625. 

9. School census^ — seven to fourteen. At the time of making the enu- 
meration of those of the ages of five to twenty-one, the secretary shall make 
a list of those of the ages of seven to fourteen and of those of seven to four- 
teen not atending school, as provided in section 2 82 3-a. Section 2 82 3-i. 

10. Seven to fourteen, inclusive— meaning. See section 2 823-a. 

Sec. 2765." Eeports. He shall notify the county superintendent 
when each school is to begin and its length of term, and, within five 
days after the regular July meeting in each year, file with the county 
superintendent a report which shall give the number of persons in the 
corporation, male or female, of school age, the number of schools and 
branches taught, the number of scholars enrolled and average attend- 
ance in each school, the number of teachers employed and the average 
compensation paid per month, distinguishing the sexes, the length of 
school in days, and the average cost of tuition per month for each 
scholar, the text-books used, number of volumes in library, the value 
of apparatus belonging to the corporation, the number of schoolhouses 
and their estimated value, the name, age and postoffice address of each 
deaf and dumb or blind person in the corporation between the ages of 
five and twenty-one years, and this shall include those who are so blind 
or deaf as to be unable to obtain an education in the common schools, 



SCHOOL LAWS OF IOWA. 43 

a like report as to all feeble-minded children of and between such 
ages, and the number of trees set out and in a thrifty condition on 
each schoolhouse ground. [31 G. A., ch. 136, §6; 19 G. A., ch. 23, § 3; 
16 G. A., ch. 112, § 1; C. '73, §§ 1744-5; R., § 2046; C. '51, §§ 1127-8.] 

Notes: 1. Data. The name of the teacher should be given, and any- 
other information which will aid the county superintendent in planning his 
work of visitation, provided for in section 273 4-b. 

2, Annual reports. The blanks for the annual report of the secretary 
are furnished by the state through county superintendents. The secretary 
should copy the report required by this section, in the district records. If 
the original report is filed in his office, it is liable to be destroyed or mislaid, 
which may prove detrimental to the interests of the district. 

3, Daily register. Every teacher should take great pains to keep very 
carefully the register required by section 2789, in order that the report re- 
quired by this section may be made out correctly. By the teacher's doing so 
the secretary will be able to make his annual report with greater ease, and 
with added accuracy. 

Sec. 2766. Officers reported. He shall report to the county super- 
intendent, auditor and treasurer the name and postoffice address of 
the president, treasurer and secretary of the board as soon as practi- 
cable after the qualification of each. [C. '73, § 1736. J 

Note: 1. It is very important that the secretary should file the certificate 
with the county officers named, immediately after the regular meetings of 
the board in March and July, otherwise funds belonging to the district may 
be paid to persons not authorized to receive them. Whenever a change is 
made the county oflftcers should be notified.^ Form 20. 

Sec. 2767. Certifying tax. Within five days after the board has 
fixed the amount required for the contingent and teachers' fund, he 
shall certify to the board of supervisors the amount so fixed, and at 
the same time shall certify the amount of schoolhouse tax voted at 
anj^ regular or special meeting. In case a schoolhouse tax is voted by 
a special meeting after the above certificate has been made and prior 
to the first day of September following, he shall forthwith certify 
the same to the board of supervisors. He shall also certify to 
such board any provision made by the board of directors for the pay- 
ment of principal or interest of bonds lawfully issued. [C. '73, §§ 
1777, 1823; R., §§ 2037, 2044.] 

Note: 1. The secretary has no discretion but must certify the tax to the 
board of supervisors. He should also certify to the board of supervisors any 
provision made by the hoard of directors for the payment of principal or 
interest of bonds lawfully issued. 

Sec. 2768. Duties of treasurer — payment of warrants. The treas- 
urer shall receive all moneys belonging to the corporation, pay the 
same out only upon the order of the president countersigned by the 
secretary, keeping an accurate account of all receipts and expenditures 
in a book provided for that purpose. He shall register all orders 
drawn and reported to him by the secretary, showing the number, 
date, to whom drawn, the fund upon which drawn, the purpose and 
amount. The m'oney collected by tax for the erection of school- 
houses and the payment of debts contracted therefor shall be called 
the schoolhouse fund; that collected for the payment of school build- 



44 SCHOOL LAWS OF IOWA. 

ing bonds shall be called the school building bond fund ; that for rent, 
fuel, repairs, and other contingent expenses necessary for keeping 
the school in operation, the contingent fund; and that received for 
the payment of teachers, the teachers' fund; and he shall keep a sep- 
arate account with each fund, paying no order that fails to state the 
fund upon which it is drawn and the specific use to which it is to be 
applied. Whenever an order cannot be paid in full out of the fund 
upon which it is drawn, partial payment may be made. All school 
orders shall draw lawful interest after being presented to the treas- 
urer and by him endorsed as not paid for want of funds. [31 G. A., 
ch. 139; C. 73, §§ 1747-50; R., §§ 2048-50C. '51, §§ 1138-40.] 

Notes: 1. Custodian, The language of this section is very explicit. It 
makes the treasurer the custodian of all moneys 'belonging to the district, 
which effectually precludes the idea of dividing the money belonging to any 
particular fund among the subdistricts. Decisions, 13. 

2. Use of funds. The treasurer may pay out the funds only on the order 
of the president, countersigned by the secretary, and the president may not 
sign an order unless he is authorized to do so by .the board. Sections 2768 aad 
2780. 

3. Claims must be audited. No order shall be drawn on the district treas- 
ury, until the claim for which it is drawn has been audited and allowed. 
Section 2780. 

4. Orders — order of payment. In making payment, when there is not 
sufficient money on hand to pay all outstanding orders, one order may not be 
given preference over another. 40 Iowa, 620. 

5. Loaning. Neither the electors nor the board may authorize the treas- 
urer to loan money belonging to^the district. Code, section 4840, as note 11 
to section 2769. 

6. Responsibility of treasurer. The treasurer is responsible for all moneys 
coming into his hands by virtue of his office, even if stolen or destroyed by 
fire. The board has no authority to release him, unless he accounts in full for 
all moneys received by virtue of his office. 37 Iowa, 550; 39 Iowa, 9; 40 
Iowa, 130, ana 80 Iowa, 497. 

7. Depositing. It is generally advisable for the treasurer to deposit the 
money in some safe and secure bank; but the treasurer and his bondsmen are 
as fully responsible as they would be if the money is held by the treasurer 
in person. A general deposit is not conversion. 120 Iowa, 695. 

8. May not reimburse. The spirit of our law forbids the electors to vote 
schoolhouse funas to reimburse a treasurer or his bondsmen for a loss of the 
money belonging to the district. There is no way under the law by which the 
treasurer and his bondsmen may be released from aJbsolute liability. Note 6. 

9. No highway fund. There is no authority in law for a county treasurer 
and a district treasurer to keep a part of the schoolhouse fund separate as a 
so-called ;highway fund or library fund. It is obvious that all moneys col- 
lected as voted by the electors must belong to the schoolhouse fund or the 
school building bond fund. Section 2768. 

10. Cost of removal. When possible, it is desirable that the cost of re- 
moving and repairing schoolhouses shall be paid from the schoolhouse fund. 
If there is no schoolhouse fund on hand unappropriated, the expense of re- 
moval, if not too considerable, may be paid from the contingent fund. 

11. Flag stalf. Contingent fund may be used to erect a flag staff upon 
the schoolhouse or a flag pole upon the school grounds for the purpose of dis- 
playing a school flag. 

12. Minor improvements. Minor im'provements, such as the erection of 
ordinary outhouses, storm caves, fences, and the like, may be paid for from 
either the contingent or the schoolhouse fund. 

13. Ordinary repairs — rebuilding. Ordinary repairs should 'be charged to 
the contingent fund; but when such repairs assume the magnitude of a re- 
building, or of an extensive addition, they should be charged to the school- 
hoiise fund. 



SCHOOL LAWS OP IOWA. 45 

14. Use of unappropriated schoolhouse fund. Any unappropriated school- 
house fund in the district treasury may he used for the erection or repair 
of schoolhouses, at the discretion of the board, without the action of the 
electors. 

15. Seating, The cost of seating new schoolhouses should be paid from 
the schoolhouse fund. The law does not authorize the use of the contingent 
fund for the erection or completion of schoolhouses, but when a house needs 
reseating or other repairs, the cost may be defrayed either from the con- 
tingent fund, or from any unappropriated schoolhouse fund in the treasury. 
25 Iowa, 436. 

16. School furniture. The term school furniture, as generally used in 
our state, means school desks, tables, chairs, and such similar articles as are 
closely related to making the schoolhouse more suitable for its use as a school- 
house; school apparatus has been understood to include the articles mentioned 
in section 2783, or such similar articles as would clearly come under the same 
designation for use in the schools for the purpose of instruction. 

17. Transfer of funds. Boards have no authority to transfesr money from 
one fund to another, even temporarily, unless they are authorized by the 
electors under section 2749, subsection 5, to transfer any surplus in the school- 
house fund to another fund. Notes 3 and 4 to section 2810. 

18. Teachers' fund not divided. The teachers' fund should not be divided 
among the subdistricts, equally, according to the number of children, or upon 
any other basis. This fund can be paid out only to teachers for services, upon 
orders authorized by the board. 

19. Orders must specify fund. The treasurer shall pay no order which 
does not specify the fund on which it is drawn, and the specific use to which 
the money is applied. 

20. Tuition belongs in teachers' fund. Tuition fees collected from non- 
residents belong to the teacher's fund. 

21. Teachers' fund — use of. No part of the teachers' fund may be used 
for any other purpose than to pay teachers or to pay tuition of pupils at- 
tending school in another district under sections 2774 and 2803; except the 
amount withheld from the apportionment for the purchase of library books. 
Section 2823-n. 

22. Register of orders. The law requires both the secretary and the treas- 
urer to keep a register of all orders drawn on the district treasury, containing 
a record of each item enumerated. Form 24. Sections 2762, 2768. 

23. School orders — terms of. The board has no authority to make a con- 
tract by which school orders shall draw interest before their presentation 
nor a 'higher rate than six per cent. 90 Iowa, 53. 

24. Caves. The board of directors may build a cave near the schoolhouse, 
using any unappropriated schoolhouse or contingent fund for that purpose. 

25. Secretary furnish list of orders. It is essential that the treasurer 
should know the exact amount of outstanding orders, and tor this reason the 
secretary is required to report to him all orders drawn on the district treasury. 
Section 2762. 

26. Register— importance. The register provided for in this section is in- 
dispensable to the treasui-er, under the law requiring him to make partial 
payments on orders when he has not funds sufficient to pay them in full. 
40 Iowa, 620. 

27. When treasurer may refuse to pay. The treasurer may rightly ob- 
ject to paying an order that is defective in any of the particulars named. 
It is especially essential that the purposes for which the order was given 
shall be written in the order. The stub in the order book should also be 
properly filled out and carefully preserved. 

28. Partial payment. The provision as to partial payment applies to all 
orders on that fund. The holder of an order drawn to pay a judgment can- 
not insist on its being satisfied in full to the exclusion of other orders. 40 
Iowa, 620. 

29. Indorsement for want of funds. By keeping a correct account of the 
orders, as by form 18, the treasurer will know the amount outstanding, and 
can readily determine what per cent on each he can pay with the funds on 



46 SCHOOL LAWS OF IOWA. 

hand. When requested by the holder, he should indorse an order so that the 
amount remaining unpaid may draw legal interest. Section 2768. 

30. Payments should be indorsed. Whenever partial payment is made, 
the treasurer should indorse the payment on the order and take a receipt for 
the amount paid. When paid in full, the order should, in all oases, be in- 
dorsed by the person presenting it, and left with the treasurer. It is then a 
voucher for the amount paid. Section 2768. 

31. To compel payment. The remedy of any one holding an order whioh 
the treasurer refuses to pay or indorse is application to a court for a writ to 
compel such officer to make payment. At the final hearing before the court it 
will be definitely determined whether the order is of such character that it 
should be either paid by the treasurer or indorsed by him as not paid for 
want of funds. Section 2768, 

32. Limit of taxation. See sections 2749, 2753, 2806, 2813, 2825. 

Sec. 2769. Financial statement. He shall render a statement of 
the finances of the corporation whenever required by the board, and 
his books shall always be open for inspection. He shall make an annual 
report to the board at its regular July meeting, which shall show the 
amount of the teachers' fund, the contingent fund, and the school- 
house fund held over, received, paid out, and on hand, the several 
funds to be separately stated, and he shall immediately file a copy of 
this report with the county superintendent. [31 G. A., ch. 136, § 
7; 16 G. A., ch. 112, § 2; C. '73, § 1751; R., § 2051; C. '51, § 1141.] 

Notes: 1. Settlement. The interest and protection of the taxpayers re- 
quire that a full and complete settlement should be made at least once each 
year, and more frequently df deemed necessary, and that the settlement at the 
July meeting requires that the funds and property shall be produced and fully 
accounted for, and that these facts sihould be indorsed upon the new bond of 
the treasurer, if he is re-elected. Code, section 1193, quoted in note 9 below. 
69 Iowa, 269; 91 Iowa, 198, and 110 Iowa, 58. 

2. Treasurer — may demand. The outgoing treasurer and his bondsmen 
have a right to expect and to require that the board shall make a complete 
settlement, and the treasurer may demand and receive written evidence that 
such settlement is complete. 110 Iowa, 58. 

3. Responsibility. The responsibility of the treasurer and his bondsmen 
to the district is absolute, and it rests with the treasurer to deposit the money 
in a bank, or not, as may seem best to him. 

4. School fnnds^-deposit in bank. A school township treasurer may right- 
fully make a general deposit of the funds of his district, and the title to the 
funds will not thereby pass to the bank, nor does it amount to conversion; 
and any guaranty which the bank may give to secure him against loss in case 
of its failure is not invalid, either on the ground that the deposit was wrongful 
or as against public policy. 120 Iowa, 695. 

5. Oflacers may not be released. It is not within the power of even the 
electors to release the board or its officers from their obligation to protect 
the funds of the district. 

6. Term sureties liable. The sureties on an official bond may be held 
for three years from the time that it is presumed an irregularity occurred. 
Code, section 3447. 91 Iowa, 198. 

7. Vouchers preserved. The vouchers of the treasurer should not be 
destroyed until after three years from the expiration of a term of office. 
The stub books of the secretary should also be retained, and not destroyed 
until after several years. 

8. Ai'bitration. In making settlement, the board may submit a difference 
with the treasurer, to arbitration. 70 Iowa, 65. 

9. Re-elected — requalify. When the incumbent of the office of secre- 
tary or treasurer is re-elected, he shall qualify anew, as directed by section 
2760 of the code, and when the re-elected officer has had public funds or 
property in his control, under color of his office, his bond shall not be ap- 



SCHOOL LAWS OP IOWA. 47 

proved until he has produced and fully accounted for such funds and prop- 
erty to the proper person to whom he should account therefor; and the 
oflBcer or board approving the bond shall indorse upon the bond, before 
its approval, the fact that the said officer has fully accounted for and pro- 
duced all funds and property before that time under his control as such 
officer. Code, section 1193. 110 Iowa, 58. 

10. Hold over — requalify. When it is ascertained that the lincumbemt 
is entitled to hold over by reason of the non-election of a successor, or for 
the neglect or refusal of the successor to qualify, he shall qualify anew, 
within ten days. Code, section 1275. 

11. Embezzlement. If any state, county, townsihip, school or municipal 
officer, or officer of any state institution, or other public officer within the 
state, charged with the collection, safe keeping, transfer or disbursement 
of public money or property, fails or refuses to keep the same in any place 
of custody or deposit that may be provided by law for keeping such money 
or property until the same is withdrawn therefrom as authorized by law, 
or keeps or deposits such money or property in any other place than in 
such place of custody or deposit, or unlawfully converts to his own use 
in any way whatever, or uses by way of investment in any kind of property, 
or loans without the authority of law, any portion of the public money 
intrusted to him for collection, safe keeping, transfer or disbursement, or 
converts to his own use any money or property that may come into his 
hands by virtue of his office, ihe shall be guilty of embezzlement to the 
amount of so much of said money or the value of so much of said property 
as is thus taken, converted, invested, used, loaned or unaccounted for, and 
shall be Imprisoned in the penitentiary not exceeding ten years, and fined in a 
sum equal to the amount of money embezzled or the value of such property 
converted, and shall be forever after disqualified, from holding any office 
under the laws of the state. Any such officer who shall receive any money 
belonging to the state, county, township, school or municipality, or state 
institution of which he is an officer, shall be deemed to have received the 
same by virtue of his office, and in case he fails or neglects to account there- 
for upon demand of the person entitled thereto, he shall be deemed guilty of 
embezzlement, and shall be punished as above provided. Code, section 
4840. 

12. Blanks. The blanks for the annual report of the treasurer are fur- 
nished by the state, through the county superintendents. 

13. Treasurer's report to county superintendent. Treasurers should not 
fail to mail a copy of their annual report at once to the county superin- 
tendent, as only by timely attention on the part of the treasurers, can the 
county superintendent compile and forward his annual report to the super- 
intendent of public instruction, on the last Tuesday in August. 

Sec. 2770. Surrendering office to successor. Each school officer' 
upon the termination of his term of office, shall immediately surrender 
to his successor all books, papers and moneys pertaining or belonging 
to the office, taking a receipt therefor. [C. '73, § 1791 ; R., § 2080.] 

Note: 1. What included. The language of this section includes copies 
of the school laws, reports, and all other publications which may be re- 
ceived by virtue of being a school officer. 

Sec. 2771. Quorum of board — filling- vacancies. A ma.jority of the 
board of directors of any school corporation shall constitute a quorum 
for the transaction of business, but a less number may adjourn from 
time to time. Vacancies occurring among the officers or members shall 
be filled by the board by ballot, and the person receiving the highest 
number of votes shall be declared elected, and shall qualify as if 
originally elected or appointed. When the board is reduced below a 
quorum, by resignation or otherwise, the secretary of the board, or 
if there be no secretary, the county superintendent shall call a special 



48 SCHOOL LAWS OP IOWA. 

election to fill the vacancies, giving notice in the same manner as for 
the annual meeting on the second Monday in March. [32 G. A., ch. 
150 ; 28 G. A., ch. 106 ; 24 G. A., ch. 19 ; C. '73, §§ 1730, 1738 ; R., 

§§ 2037-38.] 

Notes: 1. Necessary to carry. In the absence of a direct provision of 
law, or of a by-law requiring a majority vote of all ttie board, a majority of the 
votes of a quorum will carry a measure. 

2. Removal. Boards have no authority to remove any member or officer 
of tiie board. Such removal may be made only by the courts. Code, section 
1251. 

3. Neglect — misdemeanor. Wilful neglect to perform duty is a misde- 
meanor. Code, sections 49 04, 49 06. 

4. Neglect — ^punishment. If a director habitually or wilfully neglects 
the duties or his office he may be compelled by mandamus to perform them. 
Section 2822. 50 Iowa, 648. 

5. Vacancy — how created. A vacancy can be created only by death, re- 
moval, resignation, or failure to elect at tne proper election, there being no in- 
cumbent to continue in office. Code, section 1266. A failure to elect or qualify 
does not create a vacancy, for the incumbent, whether elected or appointed, 
continues in office "until his successor is elected and qualified." Code, section 
1265. If the incumbent does not qualify, a vacancy exists. 

6. Resignation. School directors may resign at any time. A verbal or 
written resignation may be tendered to the board when in session, or a written 
resignation may be handed to some member to be presented at a subsequent 
meeting, for acceptance bj^ the board. 

7. Change in subdlstrict. If a subdistrict is divided, so as to form a new 
one, the resident director will continue to act as though no change had been 
made, until the organization of the new board in July following the next regular 
annual election. However, on the first Monday in March, directors shall be 
chosen according to the new subdistrict boundaries. Section 2802. 

8. Legality of acts of de facto officers. If a person without the requisite 
qualifications, is elected a member of the board and acts with the board, being 
a member de facto, his acts will be valid, but when his disqualification becomes 
known, the board shall declare the place vacant and appoint his successor. 
23 Iowa, 96. 110 Iowa, 382. 

9. Ratification of acts of de facto officers. A board may ratify or adopt 
such acts of officers de facto as the law would permit officers de jure to per- 
form. 

10. Qualification of officers. See section 2758. 

11. Elections — regular. Sections 2746, 2751, 2754, 2756. 

12. Vacancy — term. See notes, sections 2745 and 275 8. 

Sec. 2772. Temporary officers — course of study — regulations. 

The board shall appoint a temporary president and secretary, or either 
of them, in the absence of the regular officers, and shall prescribe a 
course of study for the schools of the corporation, make rules and regula- 
tions for its own government and that of the directors, officers, teache.rs 
and pupils, and the care of the schoolhouse, grounds and property of the 
school corporation, and aid in the enforcement of the same, and require 
the performance of duty by said persons not in conflict with law and 
said rules and regulations. [C. '73, §§ 1730, 1737; R., § 2037.] 

Notes: 1. Course of study. The board of every district sihould adopt 
a carefully prepared course of study, to which the electors may add other 
branches. This department recommends and urges that the state course of 
study which has been published and used for about fifteen years be adopted in 
all the ungraded schools. 

2. Branches required. The law does not prescribe clearly t'he several 
branches that shall be taught in the public schools, further than to require 



SCHOOL LAWS OF IOWA. 49 

most teachers to be qualified to teach certain branches enumerated (section 
2734-d), and to require pupils of the ages of seven to fourteen to attend 
some school in which the common branches are taught. Sections 2823-a to 
2823-i. 

3 Branches implied. It is plainly implied that the common branches, 
including music, are to be included in every course of study. Section 2S23-'a. 

4. Special branches. The board of every district has the right to include 
drawing, or any other branch, in the course of study. 

5. Added branches. It is the province of the electors to decide what 
branches beside those named by the board shall be included in the course of 
study and taught in the schools. Section 2749. 

6. Different course for different schools. If it is desired that higher 
arithmetic, or any other advanced study, shall be taught in one or more schools 
in the district, the board should include such branch in the course of study 
for such school or schools. 

7. Electors may not I'estrict. The electors may not limit nor restrict the 
ooard as to a course of study. The most that the electors may do is to compel 
the board to provide for giving instruction in the branches ordered by the 
electors to be taught during the year. 44 Iowa, 564. 

8. Rhetorical and graduating exercises. The board of directors may 
adopt rhetorical exercises as a part of the course of study, and teachers and 
scholars will be governed thereby. Graduating exercises are a part of the 
course of study and the board may direct what exercises shall be held in con- 
nection with the closing days of school. 

9. Classification. In mixed schools a close classification is very desirable. 
Time is saved, larger classes are secured, and the efficiency and discipline of 
the school are promoted by such plan. 

10. Half-day attendance. A condition may exist when for a short time 
a board may be compelled to provide by regulation that certain pupils shall 
attend only one-half of the day, and others of the same grade the other half. 
But such arrangement should not be a permanent one. 

11. Equal school facilities. A board is discharging the duty incumbent 
upon it to provide equal school facilities for all when it does the very best 
possible to overcome difficulties, and leaves nothing undone which it might 
properly be expected to do. 

12. Board as managers. Legally speaking, the management of the schools 
in every essential respect is entirely within the control of the board. Teachers 
and scholars are governed by the reasonable rules and regulations adopted by 
the board. In the absence of a rule upon any special subject the action of a 
teacher is supposed to be in effect the act of the board until such action is set 
asiide or disclaimed by an order of the board directing otherwise. Decisions, 
17, 38. Sections 2745, 2782. 

13. Control of property. Bach board has exclusive control of the school- 
houses in its district, unless the school township meeting has otherwise or- 
dered. Sections 2745, 2782, 2749. 

14. Trespassing. In an extreme case it may be necessary to bring an 
action in the name of the state before a peace officer against any person or 
persons wilfully or unlawfully persisting in trespassing upon the schoolhouse 
grounds or wilfully interfering with or disturbing the quiet and uninterrupted 
progress of a public school. See note 22. 

15. Entering unoccupied schoolhouses. If any tramp or vagrant, without 
permission, enter any schoolhouse or other public building in the nighttime, 
when the same is not occupied by another or others having proper authority 
to be there, or, having entered the same in the daytime, remain in the same 
at night when not occupied as aforesaid, or at any time commit any nuisance, 
use, misuse, destroy or partially destroy any private or public property therein, 
he shall be imprisoned in the penitentiary not more than three years, or be 
fined not exceeding one hundred 'dollars and imprisoned in the county jail, not 
more than one year. Code, section 4793. 

16. Security for use. The board should require from parties desiring 
to use the schoolhouse, security for its proper use and protection from ('ther 
injury than natural wear. 



50 SCHOOL LAWS OF IOWA. 

17. Use — public worship. It is proper to permit the use of schoolhouses 

for the purpose of public worship on Sunday, or for religious services, public 
lectures on moral or scientific subjects, or meetings on questions of public 
interest, on the evenings of the week, or at any time when such use will not 
interfere with the regular progress of the school. Especially is this so where 
abundant provision is made for securing any damages which the taxpayer may 
suffer by reason of the use for the purposes named. The use of a schoolhouse 
for such purposes, when so authorized, is not prohibited by section 3, article 
1, of the constitution. 35 Iowa, 194; 50 Iowa, 11. 

18. Charge for admission. It is not in accordance with the meaning of 
the law and the decisions of the courts to allow a schoolhouse to be used for a 
purpose requiring an admission fee. This does not prevent a contribution be- 
ing taken, but we think free admission should not be denied. 

19. None excluded. It is believed that no discrimination should be made 
as to who may attend meetings held in a schoolhouse. To make membership 
in a particular society a test for attendance upon the meeting would seem 
to be in conflict with the intention of the law. 

20. Voting place. In precincts outside of cities and towns the election 
shall be, if practicable, held in the public school building, for the use of which 
there shall bo no charge, but all damage to the building or furnitur^i shall be 
paid by the county. Code, section 1113. 

21. Defacing. If any person wilfully write, make marks or draw char- 
acters on the walls or any other part of any church, college, academy, school- 
house, courthouse or other public building, or on any furniture, apparatus or 
fixtures therein; or wilfully injure or deface the same, or any wall or fence 
inclosing the same, he shall be fined not exceeding one hundred dollars, or 
imprisoned in the county jail not more than thirty days. Code, section 4802. 

22. Disturbing school. If any person wilfully disturb any assembly of 
persons met for religious worship by profane discourse or rude and indecent 
behavior, or by making a noise, either within the place of worship or so near 
as to disturb the order and solemnity of the assembly, or if any person wilfully 
disturb or interrupt any school, school meeting, teachers' institute, lyceum, liter- 
ary society or other lawful assemblj^ of persons, he shall be punished by im- 
prisonment in the county jail not more than thirty days, or by fine not exceed- 
ing one hundred dollars. Section 4959. 

23. Rules adopted by boards — interference. A rule adopted by a school 
board for the government of the school will not be interfered with by the 
courts unless it is so unreasonable as to amount to an abuse of power. 129 
Iowa, 4 41. 

24. Violation of rules. The determination by a school board that l rule 
which it had power to make for the government of the school had been 
violated will not be reviewed by the courts. 129 Iowa, 441. 

25. Special classes. The parent cannot expect that a class s'hall be 
formed whenever asked for at any time in the school year, for the special ac- 
commodation of one or more to the disadvantage of the many and to the 
detriment of the school. Section 2772. 

26. Classification necessary. It is quite necessary to carry out carefully 
a close plan of classification and instruction, and to provide what time in the 
year certain classes shall begin the study of the branches to be taught during 
that portion of the year. To this end this department recommends and urges 
the adoption of the state course of study in all ungraded schools. 

27. Beginners. Authority to prescribe the course of study confers the 
power to determine when classes in any subject may be organized. Under 
this authority, school boards may determine when beginning classes in 
primary work shall be organized. 

28. Admission of beginners. All persons of the ages of five to twenty- 
one who are actual residents of a school corporation may attend some school 
in said corporation, provided they are able to be classified under the course 
of study and rules prescribed by the board. Those who have never attended 
school, or who have not received sufficient instruction to enable them to 
take the work of some class already organized, may demand admission only 
when a beginning class is organized. 



) SCHOOL LAWS OF IOWA. 51 

29. Brs^nches completed before promotion. It is within the power of 
a board to require the study of the common branches, or of other elementary 
studies that are in the course of study adopted by the board, before advancing 
the scholar to other more difficult subjects. 

30. Attendance denied. If a child becomes the source of undue annoy- 
ance to others, although through no fault of his own, he may, if absolutely 
necessary for the good of the school, be forbidden attendance. 31 Iowa, 562, 
top of page 569. Section 2782. 

31. Purpose of the law. On the other hand the spirit of our laws does 
not support an interference with personal or individual rights except when 
such control or restriction may become absolutely necessary in order to pro- 
tect others in the enjoyment of the rights guaranteed to them by the law. 
The true idea is to bring all of school age within the salutary influence of 
the school and to keep them there if possible. 

32. Control of pupil. Undoubtedly the parent and teacher have joint 
control over the scholar on his way to and from school. The pupil becomes 
subject to the control of the board as soon as he leaves home for school and 
continues within such control until he again reaches the home of the parent. 
It is very desirable that co-operation and a mutual desire to promote the best 
good of the scholar should be sought by the parents and the school authori- 
ties. 129 Iowa, 441. 

33. Teacher to determine subjects. It is the duty of the teaciher, under 
the direction of the board, to determine what branches can best be pursued 
by each scholar. Section 2772. 

34. Branches understood in course. Without special mention in the 
teacher's contract, it is understood that only the usual common branches and 
those included in the course of study for the school are expected to be taught. 
Section 2778. 

35. Subjects must be included. If it is desired that higher arithmetic 
or any other advanced study, shall be taught in one or more schools in the 
district, the board should include such branch in the course of study for such 
school or schools, and require the teacher to obtain a valid certificate in such 
branch before beginning school. Sections 2749, 2772. 

36. Subjects not in course. It is not within the province of individual 
persons to demand instruction outside the branches in the course of study. 

37. Physiology mandatory. Every scholar must study physiology and 
hygiene, including the effects of stimulants and narcotics, until the outline 
upon that branch, as prepared by the board, has been completed. Section 2775. 

3o. Follow course. It becomes the duty of every teacher to follow the 
plan of work indicated in the course of study. When difficulties are met, if 
no other person has general supervision, the matter may be brought to the 
attention of the board. Section 2772. 

39. Board has control of classification. As regards classification, the 
board has absolute control. But as the teacher is by common consent pre- 
sumed to know what will be best for all, custom has left to him the making 
of the program and the placing of scholars in the proper classes. Section 2772. 

40. When not entitled to promotion. If a scholar is found to be so 
deficient in the common branches that he is unable to take the work in a class 
more advanced, without detriment to the class and to himself, it is plain that 
he may be classified in each branch where he is likely to receive the greatest 
good. The penalty for not pursuing a suitable course of study will be found 
in the fact that such scholars may be denied promotion, and may not be 
allowed to graduate. 

41. Aids and apparatus. In connection with the course of study, the 
board should designate the teaching helps and apparatus to be used, and should 

•,also arrange to furnish such appliances as soon as they are needed. 
I 42. Compulsory attendance. Sections 2823-a to 2823-i. 
/ 43. Power to make a rule — how determined. While the review of the 
■'' action of a school board with reference to a matter within its jurisdiction 
is by appeal to the county superintendent, yet the question as to whether 
the board had power to make the rule can be reviewed by the court in a 
mandamus proceeding. 129 Iowa, 441. 

44. Expulsion of scholar — dismissal of teacheiv— enforcement of regola* 
tions. Section 2782. 



52 SCHOOL LAWS OF IOWA. 

Sec. 2773. Schoolhouse site — division of district — ^length of school. 

It may fix the site for each, schoolhouse, taking into consideration the 
geographical position, number and convenience of the scholars, provide 
for the fencing of schoolhouse sites, determine the number of schools to 
be taught, divide the corporation into such wards or other divisions for 
school purposes as may be proper, determine the particular school which 
each child shall attend, and designate the period each school shall be 
held beyond the time required by law. Every school shall be free of 
tuition to all actual residents between the ages of five and twenty-one 
years, and each school regularly established shall continue for at least 
twenty-four weeks of five school days each, in each school year com- 
mencing the first of July, unless tJie county superintendent shall authorize 
the board to shorten this period in any one or more schools, when in his 
judgment there are sufficient reasons for so doing. No school shall be 
in session during the time of holding a teachers' institute except by 
written permission of the county superintendent. [31 G. A., Ch. 136 
§ 8; 19 G. A., ch. 172, § 21; 17 G. A., ch. 54; 15 G. A. ch. 57; C. '73, §§ 
1724, 1727, 1769; R., §§ 2023, 2037.] 

Notes: 1. Power to locate school site. The power to locate sites for 

schoolhouses is vested, originally, exclusively in the board. This authority 
should be exercised with great care and without prejudice. The electors may 
not definitely limit a board by vote or instructions. If, however, taxes ot 
bonds have been voted to build upon a particular site, the board may not 
disregard such vote. 100 Iowa, 317. Deoisiions, 20, 29, 39. 

2. Change of site. The directors of a school township have the power 
under code, section 2773, to change the site of a schoolhouse without authority 
by vote of the electors of the district. 123 Iowa, 199. 

3. Expediency of removal. The expediency of removal cannot be con- 
sidered upon an application for injunction; nor will the action of the board be 
considered on a simple allegation that it was surreptitiously tal^en in the ab- 
sence of a statement of facts upon wihich the complaint was based. 123 Iowa, 
199. See also Kinney v. Howard, 110 N. W., 282. 

4. Removal of schoolhouse. The removal of a schoolhouse to another 
site within the same subdistrict is entirely within the control of the board, 
and a vote of either the electors of the subdistrict or of the school township 
will he only suggestive. 81 Iowa, 335. 

5. Wishes of electors considered. The wishes of the people, for whom 
the house is designed, should be consulted as far as practicable, taking into 
account prospective as well as present needs of all the people of the district. 
Decisions, 20, 24 and 70. 

6. Reasonable distance. There is nothing in the law fixing a standard 
as to what is to be considered a reasonable distance for children to travel to 
school. Attendance in an adjoining district under such circumstances as to 
secure the payment of tuition to the adjoining district is governed by the pro- 
visions of section 2803. Decisions, 96. 

7. Removal of schoolhouse from subdistrict. The removal of a school- 
house from the subdistrict must be first ordered by the electors, at the town- 
ship meeting. Decisions, 15. 

8. Site on highway. There are many obvious reasons why a schoolhouse 
site should not be located away from the highway. It is highly desirable that 
the necessary highways to a new site should be open before a schoolhouse 
is placed upon such site. 

9. Suggestive votes not mandatory. A vote of the electors uipon matters 
which by the law are to be determined by the board, is not binding upon the 
board, but is only suggestive to it. In such matters the hoard will still be left 
free to exercise the large discretion vested in it by the law. 81 Iowa, 335. 

10. xlemoval in case of change in district. As a change of boundaries 
between subdistricts does not take effect until the organization of the new 



SCHOOL LAWS OF IOWA. 53 

board elected in March following the change, the board may not move the 
schoolhouse to accommodate the proposed new conditions until after that time. 

11. Should own sites. If possible, the district should own tihe sites. A 
perfect title should be secured, and the warranty deed recorded, before com- 
mencing to build. The property should be conveyed to the district in its corpo- 
rate name. The deed should be recorded and afterwards filed with the presi- 
dent. Form 26. 

12. Abstract. In purchasing the grounds for schoolhouse purposes the 
president should require an abstract of title and satisfy himself that the prop- 
erty is free from incumbrance. 

13. Public square as site. A public square, of a town located wholly 
within an independent district, may be transferred to such district for school 
purposes. Code, sections 931-932. 

14. Size of rural site. A rural site should contain not less than one acre 
of ground, ordinarily, and this exclusive of highway. In consolidated cor- 
porations (section 2794-a) and school townships owning but two sites, not 
to exceed four acres may be acquired. Section 2 814. 

15. When section 2814 does not apply. The provisions of section 2S14 
do not apply when the site is purchased. 

16. Number necessary. The law does not provide the number to be 
accommodated by a new house in order that one may be built. Decisions, 55. 

17. More than one schoolhouse. There is nothing in law to prevent the 
erection of more than one schoolhouse in a subdistrict. 69 Iowa, 533. De- 
cisions, 55. 

18. Fencing school site — mandatory. Sections 2745-a and 2745-b. 

19. Lawful fence. Section 23 67 of the code defines a lawful fence. The 
same section provides that a partition fence may be made tight by the party 
desiring it. 

20. Fence viewers. Any question upon which there is a difference of 
opinion between parties should be submitted to the township trustees, who act 
as fence viewers, and determine matters in controversy. Section 2367. 

21. No holidays. There are no holidays during which teachers are ex- 
empted by the law from teaching, unless excused by the board. A legal con- 
tract requires twenty days of actual service for a month. 

22. Legal holidays. In this state, by common consent and universal 
custom. New Year's Day, Memorial Day, Fourth of July, Labor Day, Christmas 
and any day recommended by the governor or the president as a day of thanks- 
giving, are observed as holidays. 

23. Board may allow holidays. It is the commendable custom with 
very many boards to allow teachers and scholars the so-called holidays, and 
to pay the teachers as if those days had been taught. 

24. Visiting other schools. There is no provision of law giving teachers 
time to visit other schools. Boards often grant teachers this privilege, under 
proper restrictions. 

25. Teaching on Saturday. By consent of the board, an occasional Sat- 
urday may be taught. But as five days are a school week, the practice is not 
to be commended. 

26. Effect of custom. If no action has been taken by the board and the 
contract contains no provision relating to the matter, the custom prevailing in 
that school will probably govern as to the matter of beginning and closing 
school sessions, intermissions, and other like particulars. It is well for the 
board and the teacher to have an agreement in matters of this kind. 

27. School day — length. While the written law does not specify the 
length of a school day, almost universal custom has made it six hours. The 
board has the power to shorten or lengthen this time somewhat if thought 
best. If no action has been taken by the board, and a contract contains no 
provision relating to the matter, the custom prevailing in the district will 
probably govern. 

28. Night school— extra compensation. It is within the power of the 
board to maintain a night school. No person may receive pay from the funds 
of the district for giving instruction outside of the school hours fixed by the 
board nor for teaching without a certificate. Section 2788. 

29. Number months of school. As regards the length of time during 



54 SCHOOL LAWS OF IOWA. 

which schools are to be taught, twenty-four weeks is the minimum. Above 
this it is entirely within the discretion of the board to determine the number 
of months of school, the time when schools begin, the length of term, and the 
time and length of vacations. The maximum is unlimited, except as by section 
2806, limiting the amount of taxes for contingent and teachers' fund. 

30. Amount of school. The regular schools of the district should be 
kept in session an equal number of months, unless the time is shortened or 
the school closed with the consent of the county superintendent. 47 Iowa, 11. 

31. Attendance — how determined. Attendance is not necessarily gov- 
erned by subdistrict lines. Usually and naturally in school townships the sub- 
district will form a suitable division for attendance. The board may determine 
what school in the township children shall attend, without regard to the 
boundaries of subdistricts. 

32. Subdistrict — voting. Subdistrict lines determine who may vote for 
director of the subdistrict, and also fix the limits of taxation, if the voters of 
a subdistrict vote a schoolhouse tax upon the subdistrict. 

33. Paupers — attendance tuition. Poor children, when cared for at the 
poor-house, shall attend the district school for the district in which such house 
is situated, and a ratable proportion of the cost of the school, based upon the 
attendance of such poor children to the total number of days' attendance 

-thereat, shall be paid by the county into the treasury of such school district, 
and charged as part of the expense of supporting the poor-house. Code, section 
2249. 

34. Board must provide school. If a board does not maintain a sehool 
and does not secure the release from the county superintendent, then any one 
legally interested may apply to a court for a writ to compel the board to per- 
form its duty in the matter and to supply school privileges. 

35. More than one school. The board may establish more than one school 
when necessary for the accommodation of the children, subject to the limita- 
tions in section 2806. An additional school in a rented room continues during 
such time as the board may determine. Section 2774. 

36. Salary determined by needs. Inequalities in the requirements may 
demand that varying prices should be paid as wages for different schools. 
Decisions, 24. 

37. School year. The school year for school purposes should be regarded 
as beginning on the first day of July. The year for the reports closes June 
30th. Sections 2757, 2765, 2769. 

38. Who entitled to school — color. All the youth of the state from five 
to twenty -one years of age, irrespective of religion, race or nationality, are 
entitled to the same school facilities. While schools may be graded according 
to the proficiency of pupils, no discrimination, such, for instance, as requiring 
colored pupils to attend separate schools, can be enforced. 24 Iowa, 26fi. 41 
Iowa, 689. 

Sec. 2774. Renting room — instruction in other schools — ^transporta- 
tion of children. It may, when necessary, rent a room and employ 
a teacher, where there are ten children for whose acconunodation there 
is no schoolhouse ; and when the board is released from its obligation to 
maintain a school, or when children live at an unreasonable distance 
from their own school, the board may contract with boards of other 
school townships or independent districts for the instruction of children 
thus deprived of school advantages, in any school therein, and the cost 
thereof shall be paid from the teachers' fund. And when there will be 
a saving of expense, and children will also thereby secure increased 
advantages, it may arrange with any person outside the board for the 
transportation of any child to and from school in the same or in an- 
other corporation, and such expenses shall be paid from the contingent 
fund. [21 G. A., ch. 124; 16 G. A., eh. 109; C. '73, § 1725.] 

Notes: 1, Extra school. Tbe board 'pannot provide an extra school 



SCHOOL LAWS OF IOWA. 55 

for the accommodation of a less number than ten persons of school age. The 
board may, ihowever, provide for their instrucition in other school corporations, 
and may, if necessary, provide for their transportation. Decisions, 111. 

2. Appeal. From tlhe action of the board with regard to an additional 
school, an appeal will lie to the county superintendent. If it is clearly shown 
to the county superintendent that the board abused its discretion in providing 
or in refusing to provide such a school, he may on appeal reverse its action, 
and do what the board might have done. 

3. Board may not be paid. The 'board of scholars may not be paid by 
the district. 

4. Consent necessary. The board, before closing a school, should procure 
the consent of the county superintendent. Section 2773. 

Sec. 2775. Instruction as to stimulants, narcotics and poisons. It 

shall require all teachers to give and all scholars to receive instruction 
in physiology and hygiene, which study in every division of the subject 
shall include the effects upon the human system of alcoholic stimulants, 
narcotics and poisonous substances. The instruction in this branch 
shall of its kind be as direct and specific as that given in other essen- 
tial branches, and each scholar shall be required to complete the part 
of such study in his class or grade before being advanced to the next 
higher, and before being credited with having completed the study of 
the subject. [21 G. A., ch. 1.] 

Notes: 1. Scope. This study must begin in the lowest primary class. 
In what grade or class it shall be completed is to be determined by the board. 

2. Methods of instruction. Primary classes must be instructed orally, 
as the children are not old enough to use or comprehend a book. But this 
oral instruction must be outlined as a course, and adopted by each board. The 
portion assigned to each grade or class should be thoroughly mastered before 
more advanced work is entered upon. The work will be best accomplished 
with the older scholars by the use of a suitable text-book, which it is the duty 
of every board to select and adopt. Many other harmful effects, very properly 
emphasized in public lectures, are not required to be taught in the class room. 

3. Spirit of law observed. Teachers should be careful to give instruction 
in accordance with the' spirit of the law. The law contemplates that the 
noxious effects upon the system of the user of any of the articles named shall 
be taught. 

4. Tobacco— use of. The board may forbid the use of tobacco on the 
school grounds. 

5. Total abstinence. It is not out of place to emphasize the truth that 
total abstinence is the only sure way to escape the evils arising from the use 
of alcoholic drinks and tobacco. 

6. Cigarette habit. The alarming increase of the cigarette habit calls 
for united and aggressive action in removing from the growing boy as far 
as we can possibly do so, the temptation and opportunity to purchase tobacco. 
In this way value will be added to the instruction required to be given in all 
public schools as to the effects of narcotics. Section 5005. 

7. Co-operate with authorities. We urge upon all teachers to co-operate 
with the authorities and with all other persons in creating and fostering a 
sentiment favoring a rigid enforcement of the law regarding the sale or giving 
of tobacco to boys. Code, section 5005. 

8. Mandatory. Every scholar must study physiology and 'hygiene, in- 
cluding the effects of stimulants and narcotics, until the outline upon that 
branch, as adopted by the board, has been completed. The law does not mean 
that a scholar must necessarily study this branch continuously during his en- 
tire school life, unless the course of study adopted by the board so provides. 

9. Responsibility of the board. A board cannot shift the responsibility 
by simply providing that teachers shall give instruction in this branch. It 
must provide for instruction in this subject in the course of study and see to 
it that the work is actually done by teachers as the law requires. 



56 SCHOOL LAWS OP IOWA. 

10. Duty of county superintendent. County superintendents should know 
that every teacher Is complying fully with this statute, and any teacher failing 
or refusing to teach as required, may not he permitted to continue in the 
work of teaching. 

11. Enforcement. The proper remedy to secure an enforcement of these 
provisions, as of other mandatory requirements, is application to a court of 
law for a wriit of miandamus. Cade, section 4341. 

Sec. 2776. Higher schools — nrion schools. It shall have power to 
maintain in each district one or more schools of a higher order, for the 
better instruction of all in the district prepared to pursue such a course 
of study, and it may establish graded or union schools and determine 
what branches shall be taught therein, but the course of study shall be 
subject to the approval of the superintendent of public instruction ; and 
it may select a person who shall have general supervision of the schools 
in any district subject to the control of the board. [C. '73, § 1726 ; 
R., § 2037.] 

Notes: 1. Course of study. With its power to establish and maintain 
graded and higher schools, every board is invested with authority to prescribe 
a course of study in the different branches to be taught. Section 2772. 

2. TowTttship high school. A high school, open to the older and more 
advanced scholars, may be advantageously established at some central point 
in the school township. 

3. Co-operation. It is very desirable that boards, county superintendent, 
and teachers should work together in efforts to classify and harmonize the 
work to be done in the ungraded schools. Much may be accomplished by con- 
cert of action in carrying forward some uniform method of classification and 
ins tr notion. 

4. Electors may not limit. The electors may not limit nor restrict the 
board to the adoption of a course of study including only such branches as the 
electors may name. Nor may the electors direct that a particular branch, or 
certain studies, shall not be taught. It is the province of the electors to de- 
cide what branches beside those named by the board, shall be included in the 
course of study and taught in the schools. Section 2749. 

5. Graded or union school — meaning. The best use of the term graded 
or union school is that referring to a group of different schools or rooms con- 
taining scholars of varying ages and attainments, but divided by rooms and 
classes into sections in which each may do the best work and gain for himself 
the greatest good. 

Sec. 2777. Kindergarten depirtment. The board may establish 
Mdthin any independent school district, in connection with the common 
schools, kindergarten departments for the instruction of children, to be 
paid for in the same manner as other grades and departments. Any 
teacher in kindergartens shall hold a certificate fro'm the county super- 
intendent certifying that the holder thereof has been examined upon 
kindergarten principles and methods, and is qualified to teach in kin- 
dergartens. [26 G. A., ch. 38.] 

Notes: 1. Instruction below school age. It may well be doubted whether 
the board in any district may provide for the instruction of children below the 
minimum school age. The constitution of the state does not seem to contem- 
plate that public money shall be used to provide schooling for any below five 
years of age. Section 2773. 

2. Kind of license necessary. A teacher in a kindergarten department 
must be the holder of a kindergarten certificate. No other kind of certificate 
will authorize one to teach in such a department. 



SCHOOL LAWS OP IOWA. 57 

Sec. 2778. Contracts — election of teachers. The board shall carry 
into effect any instruction from the annual meeting upon matters within 
the control of the voters, and shall elect all teachers and make all con- 
tracts necessary or proper for exercising the powers granted and per- 
forming the duties required by law. But the board may authorize any 
subdirector to employ teachers for the schools in his subclistrict. Con- 
tracts with teachers must be in writing, and shall state the length of 
time the school is to be taught, the compensation per week of five school 
days or month of four weeks, and such other matters as may be agreed 
upon, signed by the president and teacher, and filed with the secretary 
before the teacher commences to teach under such contract. [28 Q. A., 
ch. 107; 22 G. A., ch. 60; C. '73, §§ 1723, 1757; .R., §§ 2037, 2055.] 

Notes: 1. Duty of board. The law requires the board to make all con- 
tracts necessary to carry out any vote of the district, and the president to sign 
all contracts made by the board. Section 2759. Decisions, 111. 

2. Erection of schoolhouse. It is the duty of the board to make contracts 
for the erection of schoolhouses, when the means have been provided by the 
electors. 

3. Powers of electors limited. The electors frequently assume to exercise 
powers not granted them by the law. They have only such powers as are 
specifically named in the law. 

4. Vote rescinded. A vote of the board may be rescinded, if matters 
have not become involved making such reconsideration impossible, such as the 
acceptance of a contract under the vote in question, or the filing of an appeal. 

5. Power may not be delegated. The responsibility of choosing teachers 
may not be transferred to persons outside the board. They must all be elected 
by the board, except in school townships wherein the board may at its dis- 
cretion authorize any subdirector to employ teachers for his subdistrict. 

6. Director as teacher. If a director desires to teach the school in his 
own subdistrict, he should first resign as director, because it would not only be 
unwise but contrary to public policy to permit a board of directors to contract 
in the name of the district with one of its own number. 78 Iowa, 37. 

7. Duration of contracts. Our supreme court has held "that an exam- 
ination of the statutes leads to the inevitable conclusion that the legislature 
intended such contracts to be limited in duration to the school year as deter- 
mined by the board of directors." 107 Iowa, 29. 

8. Outgoing board without authority. The opinion last cited also makes 
it plain that no board of directors has the right, prior to the election and or- 
ganization of the new board, to elect and contract with a teacher for the en- 
suing year. 

9. Opinions on question of contract. The department of public instruc- 
tion should not be expected to give any opinion upon questions involving the 
validity of a contract. Such questions are for the courts. 

10. Compensation of teachers. The board should grant a compensation 
to be paid the teacher according to the circumstances and requirements of 
each school. 

11. Contracts. The law specifically requires that contracts with teachers 
must be in writing. Both boards and teachers should see that this require- 
ment is complied with. When a contract has been signed the president should 
file the original with the secretary before the opening of school. The teacher 
should retain a duplicate of the contract. 

12. Certificate may not be questioned. A board may not question nor 
discredit in any manner a valid certificate held by a teacher, but may demand 
proof of special attainments desired by it before engaging a teacher. 

13. Contract — what included. All matters agreed upon should be incor- 
porated into the written contract. The law presumes that the written con- 
tract embraces the entire agreement of the parties. 52 Iowa, 13 0. 

14. Common branches. Without special mention in the teacher's con- 
tract, it is understood that only the usual common branches and others included 



58 SCHOOL LAWS OF IOWA. 

in the course of study for the school are expected to be taught. If it is desired 
that other branches shall be taught they should be designated in the contract 
or indicated in some manner. 

15. Should produce certificate. The president should require the teacher 
to produce his certificate, which he should carefully examine before signing 
the contract. 

16. Contract — damages for breaking. A teacher not permitted to com-. 
plete the term according to contract is entitled to damages, the amount of 
damages being equivalent to the wages lost. Ill Iowa, 20; 110 Iowa, 314. 

17. Added branches. To the branches adopted by the board, the electors 
of any distriiot may add such other branches they deem best to have taught. 
Section 2749. 

18. Non-English si)eaking pupils. It is the duty of our school authorities 
to provide for schools having non-English speaking scholars, the best instruc- 
tion available, in order that all the children may acquire rapidly a correct use 
of English, and become acquainted as soon as possible with the spirit and 
genius of our American institutions. 

19. Relative — employment of. There is no provision of law to prevent 
the employment of a relative of a member of the board as teacher. 

20. Contract in violation of law. A contract violating the terms of the 
law is wholly illegal and void, but the persons signing such contract may be 
held personally for its performance. 37 Iowa, 314. 

21. Discharge of teacher. The law provides in section 2782 the manner 
in which a teacher may be discharged, and the board may not attempt to pro- 
vide any other method of terminating the contract. 82 Iowa, 686; 100 Iowa, 
328; 110 Iowa, 313; 111 Iowa, 20. 

22. Oral contract — enforcement of. Any person interested in having a 
verbal contract carried into execution may apply to a court for a writ of 
mandamus to compel the signing of the written contract. In this way all mat- 
ters in controversy will be brought before a court in such a manner as to se- 
cure a speedy and conclusive determination of the different questions involved. 

Sec. 2779. Erection or repair of schoolhouse. It shall not erect a 
schoolliouse without first consulting with the county superintendent as 
to the most approved plan for such building and securing his approval 
of the plan submitted, nor shall any schoolhouse be erected or repaired 
at a cost exceeding three hundred dollars save under an express con- 
tract reduced to writing, and upon proposals therefor, invited by adver- 
tisement for four weeks in some newspaper published in the county 
in which the work is to be done, and the contract shall be let to the 
lowest responsible bidder, .bonds with sureties for the faithful per- 
formance of the contract being required, but the board may reject any 
and all bids and advertise for new ones. [C. '73, § 1723; E,., § 2037'.] 

Notes: 1, Plans — approval of. Before making a contract great pains 
should be taken to obtain the best possible plan for the building. On this 
point the law requires ronsultation with the county superintendent. The 
written approval of the plan by the county superintendent should be secured. 

2. Plans and specifications. In building a schoolhouse, it is important 
to secure plans of the building, with full specifications as to its dimensions, 
style of architecture, number and size of windows and doors, quality of ma- 
terials to be used, what kind of roof, number of coats of paint, of what ma- 
terial the foundation shall be constructed, its depth below and its height above 
the surface of the ground, the number and style of chimneys and flues, the 
provisions for ventilation, the number of coats of plastering and style of finish,- 
and all other items in detail that may be deemed necessary. The plans and 
specifications should be attached to the contract, and the whole filed with 
the secretary. 

3. Competitive bids. Contracts for the erection or repair of schoolhouses. 
or for material for the same, exceeding $300, cannot be entered into until 
proposals have been published at least twenty-eight days. 



SCHOOL LAWS OF IOWA. 59 

4. liO'west bidder. The board is sole judge as to wihat constitutes the 
lowest responsible bidder. If the contract is regular in other respects, a court 
would not be likely to interfere, although lower bids in amount were offered 
.and rejected by the board. 

5. Failure to contract — ^new bids. In case of failure to close the contract 
with the bid accepted under an advertisement, if it is desired to make a new 
attempt to contract, it will be necessary to advertise anew for bids. 

6. Contract — terms of. Contracts must, in all cases, be made according 
to the instructions and directions of the board, and after being made they 
should be reviewed by the board before any work is done. 

7. Accepting work. When a schoolhouse is built or repaired under con- 
tract, the board should not neglect to examine the work carefully in order to 
determine that the contract has been fully complied with, before it directs 
the payment of money. 

8. Rights of surety. The surety has the right to stand upon the terms 
of the original contract, and any material change therein without his consent, 
affecting the subject-matter of the contract even to a slight degree, will ex- 
onerate him. 50 Iowa, 98. 

9. Amount of surety. The aggregate amount to which the sureties are 
required to qualify is double the amount of the bond required. Code, section 
358. 

10. A member should not be surety. As a rule it is unsuitable for a 
member of the board to become a surety for an oflBcer of the board, or to 
appear as surety upon any other bond which is to receive the approval of the 
board. 

11. In violation of law. Contracts made in violation of the terms of this 
section are illegal. Their fulfillment may be prevented by injunction. 

12. No partnership. The district may not form a partnership in building 
a schoolhouse. But this does not prevent its receiving donations. 

13. Exempted. District property is exempt from general taxation, from 
execution, from garnishment, and from mechanic's lien. 51 Iowa, 70. 

14. Tax anticipated. When a schoolhouse tax has been voted, the board 
may anticipate its levy and collection and issue orders to build. Such orders 
may not bear a higher rate of interest than six per cent. 50 Iowa, 102. 

15. Condemnation of schoolhouse. The local board of health has un- 
doubted right to condemn and close for use as a schoolhouse a building unfit for 
such purpose. Section 2568. 

16. Unappropriated funds — use. Any unappropriated schoolhouse fund 
in the district treasury may. be used for the erection or repair of schoolhouses, 
at the discretion of the board, without action of the electors. 

17. Lightning rod. A lightning rod may be supplied as a part of a new 
house, and paid for from the schoolhouse fund. 51 Iowa, 432. 

18. School buildings — delegating power. Under the statute making it 
the duty of the board of a school township to select the site, adopt the plans 
for the erection of the schoolhouse, and award the contracts for the building 
thereof, the board cannot delegate such powers to a committee appointed by it. 
Kinney v. Howard, 110 N. W., 282. Decisions, 111. 

19. Indebtedness. Boards should not involve the district in an indebted- 
ness for the erection of schoolhouses by contracts and the issue of orders to 
exceed the amount voted by the electors, or of available schoolhouse funds. 

20. Transfer of funds. Unappropriated schoolhouse funds may be dis- 
posed of by the electors, under section 2749, for improvements, such as fencing 
schoolhouse sites, providing wells, etc., or the same may be transferred to either 
the teachers' or contingent fund, and the board is required to carry out the 
vote of the electors. 

21. Building contracts — abandonment — completion — architect's certifi- 
cate — Uens. 125 Iowa, 227; 125 Iowa, 2 83. 

22. Preventing performance of illegal contract. 78 Iowa, 37; 107 Iowa, 
29; 117 Iowa, 694. 

23. Confirmation of contract. 7 Iowa, 509; 5 Iowa, 100; 67 Iowa, 164; 
116 Iowa, 275; 117 Iowa, 319; Richards vs. School Township of Jackson, 
109 N. W., 1093. See note 10, section 2783. 



60 SCHOOL LAWS OF IOWA. 

Sec. 2780. Allowance of claims — settlements — compensation of offi- 
cers. It shall audit and allow all just claims against the corporation, 
and no order shall be drawn upon the treasury until the claim therefor 
has been audited and allowed; it shall from time to time examine the 
accounts of the treasurer and make settlements with him; shall present 
at each regular meeting of the electors a full statement of the receipts 
had and expenditures made since the preceding meeting, with such other 
information as may be considered important; and shall fix the compen- 
sation to be paid the secretary and treasurer. But no member of the 
board shall receive compensation for official services. [C. '73, §§1732-3, 
1738, 1813; R., §§ 2037-8; C. '51, §§ 1146, 1149.] 

Notes: 1. Examine contracts. It is the duty of the board to examine 
all contracts for the employment of teachers, the construction of schoolhouses, 
or for any other purpose, and to see that the stipulations have been complied 
with, before directing the payment of money thereon. 

2. Pay monthly. The board may authorize the president and the secre- 
tary to draw warrants for the payment of teachers' salaries at the end of each 
school month, upon proper evidence that the service has been performed, but 
the order for wages for the last month should not be drawn until the report 
required by this section is filed in the office of the secretary. 

3. Auditing — responsibility. If the board audits a claim and directs 
orders drawn, the officers of the board will be warranted in following the 
direction of the board, unless it is clearly manifest that an attempt is being 
made to violate a plain provision of law. The responsibility in such a case 
rests very largely with the board. 

4. Financial statement. This section contemplates that a full report of 
the affairs of the district shall be made by the board at each annual meeting 
of the electors. This work appropriately devolves upon the secretary, unless 
the board designates otherwise. When practicable the report may be pub- 
lished in a newspaper. See section 2 781. 

5. Orders — when void. An order issued on a claim which has not been 
audited and allowed is void. 39 Iowa, 490. 

6. Compensation. Only the secretary and the treasurer may receive com- 
pensation for the discharge of duties required by law. The evident intent 
of the law is that no member of the board may receive pay out of the funds 
of the district for any work done for the district in any capacity whatever. 
87 Iowa, 81. 

7. Contracts with members. A court would be likely to hold a contract 
made with a member of the board, to be in violation of the law, contrary to 
public policy, and void. 87 Iowa, 81. 

8. Must refuse to become a member. If a person desires to secure pay 
from the district there seems to be no other way than for him to refuse to 
become a member of the board, or if a member, to resign from the board. See 
notes 6 and 7 above. 

9. Electors may not vote compensation. It is not within the power of 
the electors to vote comipensation or remuneration of any kind to the members 
of the board or to officers of the board, for their official services. Nor may the 
board vote compensation to any member. 

10. Official trust not delegated. The official trust of a member of the 
board may not be delegated. It is apparent that as there is no way in which a 
member may receive compensation for discharging official duties, he may not 
contract with another person to be paid from the district funds for performing 
the same services as a substitute for the member of the board. Kennedy v. 
Howard, 110 N. W., 282. 

Sec. 2781. Financial statement. It shall publish in each independ- 
ent city or town district two weeks before the annual school election, by 
one insertion in one or more newspapers, if any are published in such 
district, or by posting up in writing in not less than three conspicuous 



SCHOOL LAWS OF IOWA. 61 

places in the district, a detailed and specific statement of the receipts 
and disbursements of all funds expended for school and building pur- 
poses for the year preceding such annual election. And the said board 
of directors shall also at the same time publish in detail an estimate of 
the several amounts which, in the judgment of such board, are necessary 
to maintain the schools in such district for the next succeeding school 
year. C. '73, §§ 1734-5, 1756; R., §§ 2037, 2054; C. '51, § 1147.] 

Notes: 1. Statement. This statement should show in detail the receipts 
and expenditures for each fund, followed by an estimate of the amount re- 
quired for each fund, to maintain the schools for the ensuing year. 

2. Items. . The detailed and specific statement of the receipts and dis- 
bursements of all funds expended, should be sufficiently itemized to show the 
amount received from each separate source, and the amount expended for each 
particular purpose. 

3. Purpose. This statement is for the information of the electors, but 
they should not vote upon the amount of tax to be levied for contingent and 
teachers' funds, as these amounts are determined by the board. Section 2806. 

4. Publication. The board must have the statement published at least 
once in a newspaper, if one is printed in the district or have it posted in at 
least three public places. This publication should be had two weeks before 
the annual school election. 

5. Expense. The fee for printing the statement is fixed by law. Code, 
section 12 93. 

6. Minute details. In ipreparing the annual statement for publication, 
minute details of all the items need not be given. This would render it use- 
lessly troublesome to prepare, and expensive to publish. Such general results 
and classified items as will enable the electors fully to comprehend the pro- 
ceedings oif the board, are all that the law requires. The statistics of the 
school may be added if the board thinks proper, but the law does not re- 
quire it. 

Sec. 2782. Visiting schools — regulations — discharge of teacher — 
expulsion of scholar. It shall provide lor visiting the schools of the 
district by one or more of its members and aid the teachers in the 
government thereof, and enforcing the rules and regulations of the 
board. It may, by a majority vote discharge any teacher for incom- 
petency, inattention to duty, partiality, or any good cause, after a full 
and fair investigation made at a meeting of the board held for that pur- 
pose, at which the teacher shall be permitted to be present and make 
defense, allowing him a reasonable time therefor. It may by a majority 
vote expel any scholar from school for immorality or for a violation of 
the regulations or rules established by the board, or when the presence of 
the scholar is detrimental to the best interests of the school, and it may 
confer upon any teacher, principal or superintendent the power tem- 
porarily to dismiss a scholar, notice of such dismissal being at once given 
in writing to the president of the board. When a scholar is dismissed by 
the teacher, principal or superintendent, as above provided, he may be 
re-admitted by such teacher, principal or superintendent, but when ex- 
pelled by the board he may be re-admitted only by the board or in the 
manner prescribed by it. [C. '73, §§ 1734-5; R., §§ 2037, 2054; C. '51, 
§ 1147.] 

Notes: 1. Visitation. A conscientious compliance with the requirements 
regarding visitation would greatly increase the efficiency of the schools. There 
are very many things that may be best ascertained by visiting the school, in- 
specting the work of the pupils, and conversing. with the teacher. The teacher 



62 SCHOOL LAWS OF IOWA. 

can accomplish the best results only when he is sure of hearty co-operation ^ind 
support. 

2. Power of board. Boards have entire control over the public schools 
of their district and the teachers employed therein. Sections 2745, 2772. 

3. Rules and regulations. Rules and regulations governing teachers and 
scholars may be adopted and enforced by the board, as the best interests of 
the schools may seem to require. Decisions, 17 and 38, See notes 23 and 24, 
section 2772. 

4. Termination of force of regulations. The force and effect of any 
motion adopted by the board does not terminate with a change of officers or 
members, but remains in force until repealed. 35 Iowa, 361. 

5. Teacher as agent of the board. The teacher is the agent of the board, 
and rules made by him and enforced with either formal or tacit consent are 
in effect the rules of the board. 

6. Jurisdiction of principal. If it is understood that the principal of 
a school has charge of other rooms besides his own, he has the same power 
in managing the children that is by law given to other teachers. Section 2776. 

7. Privileges of the public schools conferred by statute. The privilege of 
free instruction in the public schools is one conferred by legislative enactment, 
under constitutional direction, and the privilege is subject to legislative regula- 
tion. The right to attend school is not absolute, but is conditional upon 
oompliance with the rules and the essential conditions. Section 2773. 

8. Board prescribes when subject shall be pursued. The board may 
prescribe a course of study and determine in connection with that course of 
study the time during the year in which certain specified branches shall be 
pursued. This is a necessity in order to secure an economical division of 
labor on the part of the teaching force, particularly in a large school. Section 
2772. 

9. Responsibility of teacher. The teacher r':ay be held responsible for 
the efficient discharge of every duty properly attached to his office, including 
the exercise of due diligence in the oversight and preservation of school build- 
ings, grounds, furniture, apparatus, and other s^4iool property, as well as the 
more prominent work of instruction and government. 

10. Damage — liability of teacher. Partie , doing damage to school prop- 
erty are responsible for the same. The teacher is bound to exercise reasonable 
care to protect and preserve school property, and failing to do so may be held 
liable for damages. Sections 2772, 2778. 

11. Corporal punishment permitted. If the rules and regulations of the 
board do not provide otherwise the teacher has the right in proper cases to in- 
flict corporal punishment upon refractory scholars. In the proper exercise of 
his authority, to maintain good order, and to require of all the scholars a faith- 
ful performance of their duties, the teacher is entitled to the support and co- 
operation of the board. 

12. Kind of punishment. In the choice of a kind of punishment and in 
the selection of an instrument, as well as in determining the degree of pun- 
ishment to be administered, the teacher must exercise a sound discretion. 

13. Punishment — a last resort. Corporal punishment is best reserved 
as a last resort and should be used only when it is believed that no other 
gentler measure will secure the reformation of the offender. Dismissal from 
school by the proper authority is a still more extreme remedy than corporal 
punishment. 45 Iowa, 248. 

14. Schoolhouses — condition of. It is the duty of the board to see that 
schoolhouses are kept in repair, clean, and in good order for school use. Neither 
the teacher nor the scholars should be expected to scrub or wash out the 
Bchoolhouse. The light sweeping of daily use is often done by them on their 
own motion, but this cannot be required of the scholars, nor of the teacher 
unless he contracts to take special care of the house in such respects. 

15. Cleaning schoolhouse. The board should have the schoolhouse cleaned 
as frequently as it needs such attention in order to keep it in good order for 
school use. No member of the board may receive pay for such work, but any 
other person may be paid from the contingent fund. 

16. Janitol" — teachers — pupils. Janitor work cannot be required of the 
teacher unless an agreement to do the same has been made a part of the 



SCHOOL LAWS OF IOWA. 63 

contract, and neither the teacher nor the hoard may require that such work 
shall be done hy the pupils. If a scholar has made unnecessary litter in the 
schoolroom or about his seat he may be required as a punishment to sweep up 
the same. But this is quite another matter than doing the ordinary janitor 
work. 

17. Janitor work — contract. Making fires and sweeping the schoolroom 
are not, properly, a part of the teacher s duties. In rural districts teachers 
frequently perform this labor as a matter of convenience and economy. Those 
unwilling to do this work, or who expect to receive pay for it, should so 
stipulate when entering into the contract to teach. Section 2778. Decisions, 
30. 

18. Holidays. It is lawful and quite usual for a board to give teachers 
holidays and make no deduction from their wages. The teacher, however, may 
not claim it as a right. 

19. Teacher entitled to compensation. If a teacher is at the schoolhouse 
at the proper time, and remains during school hours, he is entitled to pay 
therefor, according to his contract, whether scholars are present or not. 

20. Epidemic — closing school. As a rule it is highly undesirable to close 
a school on account of an epidemic. But if the local board of health or the 
board of directors, closes a school on account of the presence of a contagious 
disease, or for like reason, the teacher is entitled to pay for such time ac- 
cording to his contract. 

21. Damages for closing. When a school is closed for a short time, 
for causes beyond the control of the teacher, the courts will be likely to hold 
that the teacher is entitled to his pay according to the terms of his contract. 
Such cases are best settled by compromise between the parties. Note 16, 
section 2TY8 

22. Ulosii. — loss made good. If the schoolhouse is destroyed, or the 
school is close^. indefinitely by causes beyond the control of either party to 
the contract, the teacher being ready to comply with his part, can collect pay 
according to contract. If said teacher uses proper diligence to secure employment 
at something which he can do, and secures such employment, the district will 
pay him the difference between the amount received in his new work and the 
amount of his wages under the contract. In other words, his actual loss should 
be made good. Opinion of attorney-general. 

23. Duty to teachers. Teachers are entitled to the support and co-opera- 
tion of the board. It is alike due to the dignity of the board and the rights 
of the teacher that no one should be discharged except after thorough investi- 
gation and the clearest proof. If possible the teacher should be shielded from 
the stigma of discharge. 

24. Dismissal of teacher — how. In the trial of a teacher, when it is 
sought to dismiss him, all the provisions of law must be strictly complied 
with. The board must allow the teacher to make a full defense, and the 
teacher may appear by attorney, or otherwise, as he chooses. Decisions, 103. 

25. Dismissal of teacher — for what. Boards may dismiss teachers only 
for good cause shown. In case the board passes an order to dismiss, the material 
reason therefor should be spread upon the record, for, while in case of contest, 
these reasons would not be conclusive against the teacher, the board would be 
estopped from presenting other reasons than those named in the record. De- 
cisions, 86, 116. 

26. Discharge of teacher — tender of new place. The tender of a new 
place is no defense where it did not appear that plaintiff could have accepted 
such new position without modifying the original contract. 110 Iowa, 313. 

27. Board as accuser and judge. In a trial of charges against a teacher 
by the board of directors it was not objectionable on the ground that they were 
accusers rather than judges, and because of their prejudice, since they con- 
stitute the only tribunal authorized to try such charges. 113 Iowa, 236. 

28. Tender of resignation — ^merely an offer. The tender of a resignation 
by a teacher, under contract to teach in a certain district, being a mere offer, 
is not binding on either party to the contract until accepted, and it may be 
withdrawn at any time before it is acted on by the district board. Ill Iowa, 20. 

29. Retention of resignation not acceptance. The retention of a tender 
of resignation does not constitute an acceptance. Ill Iowa, 20. 



64 SCHOOL LAWS OF IOWA. 

3 0. Abandonment of contract. The filing of a tender of resignation is 

not an abandonment of contract. Ill Iowa, 20. 

31. Discharge of teacher. Accepting a resdgnation that has been withdrawn 
is not a discharge as provided under section 2Y82. Ill Iowa, 20. 

32. Hearing without notice — a nullity — second trial. 113 Iowa, 236. See 
also 53 Iowa, 5 87. 

33. Refusal of board to reinstate immaterial. 113 Iowa, 236. 

34. Date of hearing delayed by injunction. 113 Iowa, 23 6. See also 110 
Iowa, 652. 

35. Teacher may appeal. When a teacher is unjustly dismissed, an appeal 
may be taken from the action of the board in idismAssing him, but a suit 
at law must be brought, if he seeks to recover his pay upon the contract. The 
teacher should be paid only to the date of legal dismissal. 53 Iowa, 585; 100 
Iowa, 328. 

36. Action of board — weight of. The order of the board discharging or 
refusing to discharge a teacher is more largely a discretionary than a judical 
act. In this, as in other matters, the very large discretionary powers of the 
board must be respected, and on appeal their conclusion may not be questioned 
without the most convincing testimony. 

3 7. Contract terminated by discharge. The contract with the teacher may 
be terminated by discharge after the investigation provided for in this section, 
by irevocation oi certificate, or by mutual agreement between the parties. 

3 8. Teacher' — liabits of. By universal consent, and certainly by the spirit 
of our school law, it is expected of teacners that they refrain from improper 
language, keep the Sabbath day with respect, and in every other way a^oid 
practi;es or company that are demoralizing in their tendencies. 

39. Dismissal — the only method. This section provides the f !/ manner 
in which a teacher may be discharged, and the parties to the co .tract should 
not attempt to provide any other method of terminating the contract. A dis- 
charge by any other method is illegal. 82 Iowa, 686. 

40. Certificate — attack of. The certificate being in the nature of a com- 
mission cannot be attacked collaterally. 

41. Obligations — reciprocal. The obligations between the parties to a 
contract to teach are reciprocal. A teacher would have good cause to com- 
plain if a board desired to remove him because it had an opportunity to 
secure a better teacher. Yet in such a case if an agreement can be made, 
annulling the contract, such arrangement would be legal. But the teacher 
may insist that the board keep its part of the contract in the same spirit that 
he intends to keep his part. The same is true if it is the teacher who desires 
to have the contract annulled. 

42. Vaccination. The regulations of the state board of health require 
every person entering any public school to give satisfactory evidence of pro- 
tection by vaccination. Boards of directors and local boards of health also 
have the power to require all persons who desire to attend the public schools 
to furnish evidence of successful vaccination. 

43. Exclude children — when. The board should exclude children coming 
from houses where there are contagious diseases, and should enforce the rule 
that children not vaccinated shall not be admitted until they conform to the 
regulation demanding such protection. 

44. Government of schools. The board has full control in all matters 
relating to the government and welfare of the schools. A scholar subject to 
fits or spasms may be excluded from school by the majority of the board, 
if the presence of such scholar is thought to interfere materially with the 
progress of the school. Any one aggrieved by the exclusion of such scholar 
has the remedy of appeal to the county superintendent. See note 8, section 
2804. 

45. Comply and co-operate with board of health. It is the duty of every 
board of directors to co-operate with the local board of health in encouraging 
the vaccination of all school, children not already protected by vaccination. 
The board of directors may not compel vaccination, but the majority vote of 
the board will exclude from the schools any one who will not comply with 
such reasonable rule of the board of health. 



SCHOOL LAWS OF IOWA. 65 

46. When parent objects. The board will be justified in refusing to permit 
the attendance of a child whose parent will not consent that the scholar shall 
obey the rules of the school. 31 Iowa, 562, and 50 Iowa, 145. 

47. Right to attend. The right to attend school is not absolute, but is 
conditional vipon compliance with the rules and regulations of the board. 

48. Board may not adopt rule. A board may not adopt a rule which will 
deprive a child of school privileges, except as a punishment for breach of 
discipline or an offense against good morals. 56 Iowa, 476. 

49. Reasonable and proper rule defined. Any rule of the school, not 
subversive of the rights of the children or parents, or in conflict with hu- 
manity and the precepts of divine law, which tends to advance the object of 
the law in establishing public schools, must be considered reasonable and 
proper. 31 Iowa, 562. 

50. Absent or tardy — rules concerning. It is competent for boards to 
provide by rules that pupils may be suspended from the schools in case they 
shall be absent or tardy a certain number of times within a fixed period, ex- 
cept for sickness or other unavoidable cause. 31 Iowa, 562. 

51. Keeping child out of school. The parent has no right to interfere 
with the order or progress of the school by detaining his child at home, or by 
sending him at times that prove an annoyance or hindrance to others. 31 
Iowa, 562. 

52. Acts done out of school — jurisdiction of board. If the effects of acts 
done out of school hours reach within the schoolroom during school hours, 
and are detrimental to good order and the best Interests of the pupils, it is 
evident that such acts may be forbidden. 31 Iowa, 562. 

53. Expulsion of pupil — notice. The law does not require the board to 
give a scholar or his parents notice or chance for defense, before ordering his 
suspension or expulsion. The board has large discretionary powers. This is 
one of the matters wholly within its discretion. But it would be well for the 
board carefully to investigate the charges, before dismissing any scholar. De- 
cisions, 3 8 to 107. 

54. Suspension. Susipension is the separation of the scholar from the 
school for a limited time, and it may be either for bad conduct, for unnecessary 
absence or tardiness, or as a sanitary measure. For good cause, a teacher may 
suspend without fixing the time, notice being also at once given to the board. 

55. Time of suspension should be indicated. The period of time fixed by 
the board during which suspension or expulsion shall be in force, should be 
clearly indicated in the vote of the majority of the board, as spread upon the 
records. Conditions upon which earlier readmi&sion is provided for, may 
very properly be given in the same connection. 

56. \Vhen presence detrimental. The true idea is to bring all within the 
salutary influence of the school, and to drive none out, but cases sometimes 
occur in which it becomes necessary for the board to protect the rights of the 
many by excluding a scholar whose presence and example are a constant menace 
to the successful progress of the school. 

57. Depriving of recess. The teacher has control over scholars during 
school hours, subject to the regulations of the board. He may require a 
scholar to remain in his seat during recess as a punishment. However, it is 
not wise to deprive children to any great extent, of the exercise necessary to 
their physical well-being. 

58. Control of pupil during intermission. The teacher has as full control 
over scholars during recess as at other times within the school hours fixed by 
the board. 

59. Punishment. The teacher may, for the maintenance of ihis authority 
and the enforcement of discipline, legally inflict chastisement upon a pupil. 
The punishment should, however, be inflicted only for some definite offense 
which the pupil has comimitted, and the pupil should be given to understand 
what he is being punished for. 50 Iowa, 145; 45 Iowa, 248. 

60. Oversight of pupils. Teachers should exercise watchful care and 
oversight as regards the conduct and habits of their scholars, not only during 
school hours, recesses and intermissions, but also within reasonable limits 
w^hiie they are coming to and returning home from school. 

5 



66 SCHOOL LAWS OF IOWA. 

61. Teacher may dismiss. For good cause, a teacher may dismiss a 
scholar from school work without fixing the time, and require him to leave 
the school premises, notice being also at once given to the director or to the 
president of the hoard. 

62. Responsibility of teacher. The teadher is responsible for the dis- 
cipline of his school, and for the progress and deportment of his scholars. It 
is his imperative duty to maintain good order and require of all a faithful 
performance of their duties. If he fails to do so he is unfit for his position. 
To enable him to discharge these duties efCectually, he must necessarily have 
the power to enforce prompt obedience to his requests. For this reason the 
law gives him the power, in proper cases, to inflict punishment upon refractory 
scholars. Decisions, 17. 

63. Punishment adapted to offense. In applying correction, the teacher 
must exercise sound discretion and judgment, and should choose a kind of 
punishment adapted not only to the offense, but to the offender. Corporal 
punishment is a severe remedy, and its use should be reserved for the baser 
faults. Decisions, 17. 

64. Expulsion vs. corporal punishment. In 50 Iowa, 145, the suggestion 
is made that expulsion by the board rather than severe corporal punishment by 
the teacher, is a good remedy in case of repeated and continuous violation of 
the rules. 

65. Obedience essential. In the school as in the family there exists on 
the part of the children the obligation of obedience to lawful commands, 
subordination, civil deportment, respect for the rights of others, and fidelity 
to duty. These obligations are inherent in any proper school system, and con- 
stitute the common law of the school. Every scholar is presumed to know 
this law, and be subject to it, whether it has or has not been by the board 
placed in the from of written rules and regulations. 

66. Power to make a rule — how determined. See note 43, section 2772. 

67. Course of study^ — ^rules and regulations — temporary officers. See sec- 
tion 2772. 

68. Compulsory attendance. Sections 2823-a to 2823-i. 

69. Appeal — ^wrongfullness of discharge determined. Note 29, section 
2818. 

70. Appeal — when necessary. Note 35, section 2 818. 

Sec. 2783. Use of contingent fund — free text-books. It may pro- 
vide and pay out of the contingent fund to insure school property such 
sum as may be necessary, and may purchase dictionaries, library books, 
including books for the purpose of teaching vocal music, maps, charts 
and apparatus for the use of the schools thereof to an amount not ex- 
ceeding twenty-five dollars in any one year for each schoolroom under 
its charge; and may furnish school books to indigent children when 
they are likely to be deprived of the proper benefits of school unless so 
aided; and shall, when directed by a vote of the district, purchase and 
loan books to scholars, and shall provide by levy of contingent fund 
therefor. [30 G. A., eh. 115; 26 G. A., ch. 37; 25 G. A., ch. 34; 21 
G. A., ch. 107 ; 19 G. A., ch. 149, § 1 ; C. '73, § 1729.] 

Notes: 1. Insuring property. This section confers upon all boards the 

ri:^ht to insure school property, and this duty should not be neglected. Insur- 
ance of school 'property may be effected either in a stock or mutual company 
which is legally autihorlized to do business in the state. Code, section 1759. 

2. Records and supplies. Purchases of records, dictionaries, apparatus, 
and similar supplies for the use of the district may not be made by contract 
under section 2824, but all such articles will be bought under this section. 
Note 4 to section 2824. 

3. Necessary expenses. Definite provision should be made ,by the board 
for the usual necessary contingent expenses of the schools during the year, be- 
fore contingent fund is taken to purchase any of the articles named in this 
section. Section 2768. 



SCHOOL LAWS OF IOWA. 67 

4. Patriotism. There can be no doubt tihat one of the purposes of the 
school is to teach patriotism to the children. The board may use available 
contingent funds to purchase a flag to be used as apparatus in the schoolroom, 
on the school building, or upon the school grounds. 

5. When not in session. A purchase of apparatus made with the consent 
of the board when not in session, is a clear violation of the law, but acceptance 
and retention of the benefits by the district may make it liable under the 
contract. 117 Iowa, 319; 117 Iowa, 694; 70 Iowa, 320; 13 Iowa, 555. 

6. Liability of members. Members of boards giving orders for apparatus 
in their individual capacity assume personal responsibility and may thus render 
themselves liable for payment as individuals unless it appears that the pur- 
chase was for the benefit of the school corporation. 117 Iowa, 319. 

7. Prearrangement not binding. The members of a school board cannot, 
by a prearrangement or contract entered into when not in session, bind them- 
selves afterwards to ratify or confirm a contract or engagement thus entered 
into. The distinction here is that while a board, in session, may ratify a 
contract made out of session, the members cannot individually bind them- 
selves to do so. 117 Iowa, 319. 

8. Free text-books. These provisions afford all districts the opportunity 
to supiply free books, so that every indigent child m.ay continuously enjoy the 
privileges of school. It is believed that if districts will take action in accordance 
with the spirit of the law, t'he percentage of attendance at school can be ma- 
terially increased, and the usefulness of our schools to all the children greatly 
enhanced. See sections 2836, 2837. 

9. Purchase of supplies — warrant — when void. A warrant executed by 
the president and secretary of a school board without the authority of the 
rest of school board, in payment for school supplies contracted for by a ma- 
jority of the board (when not in session), is void. 117 Iowa, 319; 109 N. W., 
1093. 

10. Confirmation of contract. The defeating of a motion to refuse to 
accept supplies (order by a majority of the members of the board when 
not in session) was a confirmation of, and approval of the order. 117 Iowa, 319. 
See also 116 Iowa, 275; 7 Iowa, 509; 50 Iowa, 100; 67 Iowa, 164; 109 N. W., 1093. 

11. Books, maps, apparatus, indebtedness. Section 2783, code 1897, per- 
mits a school board to charge the contingent fund with an indebtedness in ex- 
cess of the unappropriated money on hand, but the amount may not exceed 
twenty-five dollars for each regular school. 118 Iowa, 540; 116 Iowa, 275; 117 
Iowa, 319. 

Sec. 2784. Water-closets. It shall give special attention to the 
matter of convenient water-closets or privies, and provide on every 
schoolhouse site, not within an independent city or town district, two 
separate buildings located at the farthest point from the main entrance 
to the schoolhouse, and as far from each other as may be, and keep them 
in wholesome condition and good repair. In independent city or town 
districts, where it is inconvenient or undesirable to erect two separate 
outhouses, several closets may be included under one roof, and if out- 
side the schoolhouse each shall be separated from the other by a brick 
wall, double partition, or other solid or continuous barrier, extending 
from the roof to the bottom of the vault below, and the approaches to 
the outside doors for the two sexes shaU be separated by a substantial 
close fence not less than seven feet high and thirty feet in length. [25 
G. A. ch. 3.] 

Notes: 1. Provisions mandatory. This provision of the law requiTiinig 
it to take special pains with regard to outbuildings is mandatory upon every 
board. A director may not refuse to carry into effect instructions from the 
board with regard to such a matter. And a board refusing to give attention 
to the subject risks a censure from a court if its failure or refusal to provide 
proper facilities as regards privies or water-closets is brought to the attention 
of a court, See ^Iso section 2823, 



68 SCHOOL LAWS OF IOWA. 

2. Defacing public property. If any person wilfully write, make marks, 
or draw characters on the walls or any other part of any church, college, 
academy, schoolhouse, courthouse or other public building, or on any furniture, 
apparatus or fixtures therein; or wilfully injure or deface the same, or any wall 
or fence enclosing the same, he shall be fined not exceeding one hundred 
dollars, or imprisoned in the county jail not more than thirty days. Code, 
section 4802. 

3. Teacher's duty. Very much depends upon teachers to determine the 
manner in which this law is observed. A lisitless indifference, a half-hearted 
activity, a want of confidence, will defeat the purpose of the law for the time 
at least. Serious consideration, a high-minded approbation of its intention, a 
courageous insistence upon its observance, together with untiring attention 
and frequent inspection, will make the law a continued success. No con- 
scientious teacher will be irresolute, when the immeasurable interests involved 
are regarded. 

4. May invoke assistance of peace officers. Teachers should not hesitate 
to bring the case of persistent offenders to the attention of the board. As a 
last resort it may become necessary for the board to invoke the assistance of 
the peace officers. It sometimes happens that nothing less than a strong arm 
of the civil authorities is able to compel a respect for law, and a decent regard 
for the rights of others. No community may justly claim to be a moral people, 
who knowingly fail to guard and preserve the purity, the morals, and the 
health, of its children and youth. 

Sec. 2785. Duties of director — contracts. The board of directors 
of a school township may authorize the director of each subdistrict, sub- 
ject to its regulations, to make contracts for the purchase of fuel, the 
repairing or furnishing of schoolhouses, and all other matters necessary 
for the convenience and prosperity of the schools in his subdistrict. 
Such contracts shall be binding upon the school township only when 
approved by the president of the board, and must be reported to the 
board. Each director shall, between the first and fifteenth days of 
June in each year, prepare a list of the heads of families in his sub- 
district, the number and sex of all children of school age, and by the 
twentieth day of said month report this list to the secretary of the 
school township, who shall make full record thereof. The powers speci- 
fied in this section cannot be exercised by individual directors of inde- 
pendent districts. [31 G. A., ch. 136, § 9; C. '73, §§ 1758-5; R., §§ 
2052-3; C. '51, §§ 1124, 1142.] 

Notes: 1. Powers — how exercised. It is a general statement that nearly 
all the powers of the director are to be exercised under the regulations of the 
board. Any person about to contract is bound to know what restrictions have 
been made, and should be governed accordingly. 

2. Director — power of. The director is clothed with certain general pow- 
ers by this section, but these are to be exercised under the direction of the 
board. The board must instruct him, for example, as to the extent of repairs, 
and prices to be paid for same, and the amount and cost of fuel. 

3. Powers possessed by officers. School officers are possessed of specially 
defined powers and should attempt to exercise no others, except such as arise 
by fair implication from those granted. 110 Iowa, 652. 

4. Director may not contract. No director has authority to make a con- 
tract in behalf of the school township, except under specific instructions of 
the board. 

5. Approval of contracts. All contracts made by the director must be 
approved by the board and signed by the president. 

6. Liability of director. If a director intentionally violates law he becomes 
personally liable. 14 Iowa, 510; 17 Iowa, 155; 24 Iowa, 337; and 38 Iowa, 47. 

7. Liability of agent. If an agent makes a valid contract without author- 
ity, he is himself bound thereby. 37 Iowa, 314, 



SCHOOL. LAWS OF IOWA. 69 

8. Member may not receive compensation. It is a violation of law for 
,a board to pay any member of the board for labor as a building committee, 
for attendance at meetings, or for any other service performed for the district 
whether official in character or not. Section 2780. 

9. Member may not be employed at compensation. A member may not 
be employed by the board to oversee the building of a schoolhouse and re- 
ceive pay therefor, or to act in any like capacity for which he would be paid 
from the funds of the district. Such engagement is contrary to public policy 
and clearly illegal. 78 Iowa, 37, and 87 Iowa, 81. 

10. Approval of contract. It as the duty of the director to file any con- 
tract at once with the president of the board, who should submit the same to 
the board for approval. 

11. Enumeration record. A record book containing the enumeration cor- 
rectly filled out will be of much assistance to the director each year. Form 32. 

12. Where enumerated. Minor children at a state institution, or a private 
school, should be enumerated where their parents or guardians reside. 

13. Failure to enumerate. The failure of a director to make the report, 
as required by this section, will reduce the semi-annual apportionments for the 
year, since they are made upon the enumeration of persons of school age. 
Section 2808. 

14. Director report. In school townships the secretary should require 
the director of each subdistrict to make this report promptly, and should insist 
that it be made in writling, and certified to be correct. Directors in inde- 
pendent disitriots do not take the enumeration. 

15. Wilful failure. A wilful failure or refusal on the part of the director 
to make the report to the secretary as required may be found by the courts to 
be a misdemeanor. Code, section 4904, and section 2822. 

16. Duty of secretary. In case a director fails to make ihis annual report 
as required the secretary should at once collect the statistics necessary for 
a complete report. The board should insist on promptness in preparing this 
report, and then should give the secretary a suitable compensation for his 
labors. Sections 2764, 2765. 

Sec. 2786. Industrial exposition. The board of any school cor- 
poration or the director of any subdistrict deeming it expedient may, 
under the direction of the county superintendent, hold and maintain an 
industrial exposition in connection with the schools of such district, such 
exposition to consist in the exhibit of useful articles invented, made or 
raised by the pupils, by sample or otherwise, in any of the departments 
of mechanics, manufacture, art, science, agriculture and the kitchen, such 
exposition to be held in the schoolroom, on a school day, as often as once 
during a term, and not oftener than once a month, at which the pupils 
participating therein shall be required to explain, demonstrate or present 
the kind and plan of the articles exhibited, or give its method of culture ; 
and work in these several departments shall be encouraged, and patrons 
of the school invited to be present at each exhibition. [15 G. A., ch. 64.] 

Sec. 2787. Shade trees. The board of each school corporation shall 
cause to be set out and properly protected twelve or more shade trees 
on each schoolhouse site where such trees are not growing. The county 
superintendent, in visiting the several schools of his county, shall call 
the attention of any board neglecting to comply with the requirements of 
this section to any failure to carry out its provisions. [19 G. A., ch. 23.] 

Notes: 1. Trees should be planted. Trees should be set out on all school- 
house sites where good, thrifty shade trees are not already growing, whether 
such site was secured by purchase, by lea,se, by gift, or by condemnation under 
gectippis 2814, 2816, 



70 SCHOOL LAWS OF IOWA. 

2. Duty of county supermtendent. County superintendents should not fail 
to call the attention of boards of directors to the provisions of this seiotion) 
The annual Arbor Day affords a good opportunity foT planting trees and' 
otherwise improving the school grounds. 

3. Reporting. In reporting the number of shade trees on the school site, 
planted trees only should be reported. Section 2765. 

Sec. 2788. Teacher — qualifications. No person shall be employed 
as a teacher in a common school which is to receive its distributive share 
of the school fund without having a certificate of qualification given by 
the county superintendent of the county in which the school is situated, 
or a certificate or diploma issued by some other officer duly authorized by 
law, and no compensation shall be recovered by a teacher for services 
rendered while without such certificate or diploma. [C. '73, § 1758; 
R., § 2062.] 

Notes: 1. Certificate necessary. The teacher must have a certificate 
during the whole term of school. He is not authorized to teach a single day 
beyond the period named in his certificate, nor to give instruction in any 
subject which he does not hold a valid credential to teach. In case of a 
violation of this section the county superintendent should promptly notify 
the officers of the board. Section 2740. 

2. Without a certificate. If a person is teaching without a certificate any 
one interested in a legal sense may apply to a court for a writ to prevent the 
board from continuing such instruction, and to restrain the board from paying 
for the same. 

3. Illinois case. In an Illinois case a certificate was not obtained until the 
middle of the term. A new contract was entered into at that time to pay the 
teacher double wages for the remainder of the term. This was considered an 
attempt to do indirectly what there was no power to do directly, and therefore 
the contract was held to be void, as was the original contract. 

4. Supply — payment of. In case of the temporary absence of the teacher, 
from sickness or other cause, the place should be supplied with some one duly 
authorized to teach. The supply should be paid by the teacher whose place is 
filled, unless other provision is made, either by regulation or contract. 

5. Rights of patrons. In case a person is employed or continued as a 
teacher in violation of law without a certificate, a resident of the district may 
sue out a writ of injunction restraining the person from teaching and the 
district from paying. Boards employing and paying such teachers are liable 
to prosecution under the provisions of the general statutes for misapplicatiou 
of funds. Code, sections 4904, 4906 and 2822. 

Sec. 2789. Keep register — report. Each teacher shall keep a daily 
register which shall correctly exhibit the name or the number of the 
school, the district and county in which it is located, the day of the 
week, month, year, and the name, age and attendance of each scholar, 
and the branches taught; and when scholars reside in different districts 
separate registers shall be kept for each district, and a certified copy of 
the register shall immediately at the close of the school be filed by the 
teacher in the office of the secretary of the board. The teacher shall file 
with the county superintendent such reports and in such manner as he 
may require. '[C. '73, §§ 1759-60; R., § 2062.] 

.Notes: 1. Necessity of correct record. Every teacher should take great 

pains to keep the register required by this section very carefully, in order 
that the term report may be .made out correctly. By doing so the secretary 
will be able to make his annual report with greater ease, and with added 
accuracy. All books and blanks necessary for keeping record of attendance 
and making reports to the board and to the county superintendent rnust be 
furnished by the bpard. 



SCHOOL LAWS OP iOWA. ?1 

2. Term report. The teacher should file a complete and accurate copy of 
^ the daily register with the secretary immediately after the close of the term or 

year. He is not entitled to final settlement until this is done. The secretary 
.' should insist on this report before drawing the warrant for the last installment 
of the wages. Without this report he cannot prepare his annual report as the 
law directs it to be made. The secretary should carefully examine the report 
to see whether the record is complete in all respects. Form 34. 

3. Comply with directions of county superintendent. It is the duty of 
every board to see that the teachers comply strictly with all requirements 
made by the county superintendent, as well as with all rules made by the board. 
Decisions, 56. 

4. Board may require reports. It is within the power of the board to 
require such reports from teachers as seem desirable for the information of 
the board. It may require reports weekly, monthly, 'by the term, by the year, 
or all of these together. It is the duty of teachers to comply with the regula- 
tions of the board, so far as it is within the power of the teachers to do so. 

5. All teachers report. Every teacher In the county may be required to 
make such reports, agreeing with the spirit of the law, as the county superin- 
tendent may request, in such form and at such reasonable time as the county 
superintendent may determine. 

6. In case of refusal. The continued refusal to comply with all uniform 
and reasonable regulations made by the county superintendent, or by the 
board, on the part of any one employed as a teacher, constitutes good cause for 
revocation or subsequent refusal of certificate, or for dismissal by the board. 
Sections 2734-u, 2782. 

7. Non-resident pupils. The record of attendance of non-resident pupils 
must be kept separate from that of those residing in the corporation. This 
does not mean that different books shall be kept. 

CORPORATIONS — ORGANIZATION — CHANGE OF BOUNDARIES. 

Sec. 27S0. Nev/ to'ri'nship. When a new civil township is formed, 
the same shall constitute a school township, which shall go- into effect 
on the first Monday in March following the completed organization of 
the civil township. The notices of the first meeting shall be given by 
the county superintendent, and at such meeting a board of three direct- 
ors shall be chosen. [C. '73, § 1713.] 

Notes: 1. Purpose of the law. The design of the law is that civil and 
school township boundaries shall coincide as far as possible. Code, sections 
551, 552 and 2743. 

2. When organized. A new school township is not organized until the 
month of March after an election of officers for the civil township. 

3. Boundaries of subdistricts. The boundaries of subdistricts lying wholly 
within the old or new school townships are not affected by the division of 
civil townships. 

4. When subdistricts are divided. When subdistricts are divided by 
changes in civil township boundaries, the boards should incorporate the several 
parts with other subdistricts, or otherwise provide for such territory, so that 
all entitled may vote at the following subdistrict election. In the absence of 
such action the territory properly belongs to the subdistrict which it adjoins, 
and the voters should be allowed to vote therein. 

Sec. 2791. Attaching territory to adjoining corporation. In any 

case where, by reason of natural obstacles, any portion of the inhabitants 
of any school corporation in the opinion of the county superintendent 
cannot with reasonable facility attend school in their own corporation, 
he shall, by a written order, in duplicate, attach the part thus affectecl 
to an adjoining school corporation, the board of the same consenting 



72 SCHOOL LAWS OP IOWA. 

thereto, one copy of which order shall be at once transmitted to the 
secretary of each corporation affected thereby, who shall record the same 
and make the proper designation on the plat of the corporation. Town-i 
ship or county lines shall not be a bar to the operation of this section.! 
[C. 73, § 1797.] 

Notes: 1. Natural obstacles — what constitutes. The natural obstacle 
must be a large stream unbridged, an impassable slough, the entire absence of 
a public highway, or some such natural insurmountable difficulty. 

2. Petition must allege obstacle. A petition which does not allege the 
existence of natural obstacles, and where, in fact, no such obstacles exist, is 
invalid. 62 Iowa, 616; 110 Iowa, 30. 

3. What not obstacles. Streams well bridged and distance are not natural 
obstacles in the contemplation of the law. 

4. Jurisdiction of county superintendent. As the county suiperintendent 
has original concurrent jurisdiction, an appeal cannot be taken from refusal 
by the board to a'cept the territory. 109 Iowa, 169. 

5. Assets and liabilities. When the boundaries of districts are changed 
the territory transferred carries with it a just proportion of all assets and 
liabilities of the district from which it is taken. Section 2802; 58 Iowa, 77; 
110 Iowa, 702. 

6. Attaching territory, natural obstacle. Acting under section 2791 a 
divis on made on petition which does not allege the existence of such obstacles 
and where, in fact, no such obstacles exist is invalid. 110 Iowa, 30; 109 Iowa, 169. 

Sec. 2792. EcstCTotion. Where territory has been or may here- 
after be set off to an adjoining school township in the same or another 
county, or attached for school purposes to an independent district so 
situated, it may be restored to the territory to which it geographically 
belongs upon the concurrence of the respective boards of directors, and 
shall be so restored by said boards upon the written application of two- 
thirds of the electors residing upon the territory so set off or attached, 
together with a concurrence of the county superintendent and the board 
of the school corporation which is to receive back the territory. [19 
G. A., ch. 160; 18 G. A., ch. Ill; C. '73, § 1798.] 

Notes: 1. Two methods. It will be noticed that two distinct and sep- 
arate methods are provided by this section. 

2. When take effect. The restoration may take effect at any time agreed 
upon, but if no agreement is made, it will take effect the following March. 
59 Iowa, 109. 

3. Assets and liabilities. Wihen the boundaries of districts are changed, 
the territory transferred carries with it a just proportion of all assets and 
liabilities of the district from whiich it is taken. 5 8 Iowa, 77. Section 2802. 

4. Action on petition — mandamus. Where the law is mandatory in re- 
quiring a board to act upon a petition, the remedy for its refusal to do so 
is mandamus, and not appeal. 86 Iowa, 669. 

5. How test. Any conflict between districts with regard to boundaries 
will be best determined by the one aggrieved asking a court to restrain the 
county treasurer from paying taxes to the other district, on the ground that 
the district complaining is entitled to receive said taxes. 100 Iowa, 617. 

6. Restoration of territory. Code, section 2792, relating to severance 
(restoration) of territory of an independent school district, applies only to a 
restoration of territory attached to an independent district after its organization, 
and not to a portion embraced in the original district. Albin vs. Board of 
Directors, 58 Iowa, 77, reversed; 124 Iowa, 213. 

Sec. 2733. Boundary lines changed. The boundarj^ lines of con- 
tiguous school corporations in the same county may be changed by the 
concurrent action of the respective boards of directors at their regular 



\ 



I 

SCHOOL LAWS OF IOWA. 73 

meetings in July, or at special meetings thereafter called for that pur- 
pose. The corporation from which territory is detached shall after the 
change contain not less than four government sections of land, and its 
boundary lines must conform to the lines of congressional divisions of 
land. In the same manner, the boundary lines of contiguous school cor- 
porations in the same county may be so changed that one corporation 
shall be included in and consolidated with the other as a single corpora- 
tion. [31 G. A., ch. 136, § 10; 22 G. A., ch. 62, § 1.] 

Notes: 1. Township line not a bar. Townstiip lines are not a bar to 
a change of boundaries under section 2793. 

2. New boards necessary. Whenever a change is made in the boundary 
between two school corporations, both corporations must elect entire new 
boards at the next regular annual election. See attorney general, report 
1906, page 194. Note 22, section 2802. 

Sec. 2793-a. Gorporr-tion limits changed. When the boundary 
line between a school township and an independent city or town district 
is not also the line between civil townships, such boundary may be 
changed at any time by the concurrence of the boards of directors ; but 
in no case shall a forty-acre tract of land, by the government survey, be 
divided; and such subdivisions shall be excluded or included as entire 
forties. The boundaries of the school township or the independent dis- 
trict may in the same manner be extended to the line between civil town- 
ships, even though by such change one of the districts shall be included 
within and consolidated -^dth the other as a single district. When the 
corporate limits of any city or town are extended outside the existing 
independent district or districts, the boundaries of said independent dis- 
trict or districts shall be also correspondingly extended. But in no ease 
shall the boundaries of an independent district be affected by the reduc- 
tion of the corporate limits of a city or town. [27 G. A., ch. 89.] 

Notes: 1. Township line a bar. If the boundary between an independ- 
ent city or town district and a school township is also the line of a civil 
township, such boundary may not be changed under authority of section 
2793-a, but may be under section 2793. 

2. Extension of corporate limits — effect. When the corporate limits of 
a city or town in an independent district are extended beyond the boundary 
of the school corporation, the boundary of the school corporation is thereby 
extended, regardless of the effect upon the territory of the adjacent school 
corporation. See 120 Iowa, 119. 

3. New boards necessary. See notes 2, section 2793, and 22, section 
2802. 

Sec. 2794. Formation of independent , district. Upon the written 
petition of any ten voters of a city, town or village of over one hundred 
residents to the board of the school corporation in which the portion 
of the town plat having the largest number of voters is situated, such 
board shall establish the boundaries of a proposed independent district, 
including therein all of the city, town or village, and also such con- 
tiguous territory as is authorized by a written petition of a majority of 
the resident electors of the contiguous territory proposed to be included 
in said district, in not smaller subdivisions than entire forties of land, 
in the same or any adjoining school corporations, as may best subsorve 
the convenience of the people for school purposes, and shall give the 



74 SCHOOL LAWS OP IOWA. 

same notices of a meeting as required in other cases, at which meetings 
all voters upon the territory included within the contemplated inde-j 
pendent district shall be allowed to vote by ballot for or against such 
separate organization. When it is proposed to include territory outside 
the town, city or village, the voters residing upon such outside territory 
shall be entitled to vote separately upon the proposition for the forma- 
tion of such new district, by presenting a petition of at least twenty-five 
per cent of the voters residing upon such outside territory, and if a 
majority of the votes so cast is against including such outside territory, 
then the proposed independent district shall not be formed. [29 G. A.. 
ch. 126, 19 G. A., ch. 118, § 1; 18 G. A., ch. 139; C. 73, §§ 1800-1; R., §§ 
2097, 2105.] 

Notes: 1. A¥here reside. The one hundred residents mnst be contained 
within the limits of the town or village. Additional territory should be se- 
cured by the board in forming the new independent school district. 

2. How number determined. The last official census will, as a general 
rule, be sufficiently accurate to determine questions relating to the population, 
but in case of doubt, the actual existing facts govern, which may be ascertained 
by any reliable means. 77 lOAva, 676. Code, section 177. 

3. Must include. The contemplated independent school district must in- 
clude all of the city, town or village, and may include all contiguous territory 
petitioned for. 110 Iowa, 652. Decisions, 105. 

4. Board must act on petition. When the required petition is presented 
the law is mandatory upon the board to establish the boundaries and submit 
the proposition. 110 Iowa, 652. Decisions, 84, 105. 

5. Determining boundary. The board may determine the boundaries of 
the proposed corporation, subject to the following: 

(1) All of the town or village must be included; 

(2) Territory not described in the petition may not be included; 

(3) It is not necessary to include all territory described in the petition. 
110 Iowa, 652. 

6. Formation of independent town districts — effect on districts from 
which territory is taken is immaterial. A portion of a rural independent dis- 
trict may be included with part of a school township and the new independent 
district formed under code, section 2794, although there remain in the independ- 
ent district thus severed less than four sections of land, and in so construing 
said section it may be necessary to extend its provisions to include independent 
districts. 120 Iowa, 119. See also school township of Bloomfield vs. Independent 
District of Castalia, 112 N. W., 5. 

7. Boundaries — time as an element. Time does not settle the boundaries 
of an independent district so that they cannot be changed according to law. 
120 Iowa, 119. 

8. Electors determine desirability. It is for the electors and not the board 
to determine the desirability or necessity of the independent organization. 
110 Iowa, 652. 

9. Conform to congressional divisions. When the boundaries extend be- 
yond the limits of a town or city, they must conform to lines of congressional 
divisions of land. Note 9 to section 2801. 

10. Which board. The board of the school corporation in which a major- 
ity of the voters on the town plat reside, must establish the boundaries of said 
district without the concurrence of any other board, even when said territory 
is taken from two or more civil townships in the same or adjoining counties. 
41 Iowa, 30; 25 Iowa, 305. 

11. Notices. The notices of the election to determine the question of a 
"> separate organization should state clearly the boundaries of the proposed 

district. 

12. Who vote. All of the electors residing within the proposed limits 
must be permitted to vote on the question of separate organization, 



I SCHOOL LAWS OF IOWA. 75 

13. Separate ballot. The electors residing on the territory to be included, 
but outside of the town or village, are entitled to vote separately on the proposi- 
tion if they ask such privilege by petition, either to the board or to the judges 
of the election. 

14. Desirability — determined by. The desirability or necessity of the in- 
dependent district is for the people to determine and not the board. 110 
Iowa, 652. 

15. Judges. The president and secretary of the school corporation should 
act as chairman and secretary of this meeting, and with one of the board, as 
judges of the election. 

16. Incorporation of town. The incorporation of a town does not in itself 
affect the school organization of the district in which the town may be situated. 
However, it does change the method of choosing the treasurer. See sec- 
tions 2754 and 2757. 

17. Village — defined. Town sites platted and unincorporated shall be 
known as villages. Code, section 638. 

18. Organization. Section 2795. 

19. Effect upon adjacent corporation. The fact that the territory of an 
adjacent rural independent district from which territory is taken is reduced 
below four government sections does not affect the validity of the organ- 
ization. 120 Iowa, 119. 

20. Consolidated city districts^-organization of consolidated independent 
districts. See section 2820-e and 2S20-h, page 77. See section 2794-a, 
page 7 6. 

Sec. 2795. Organization. If the proposition to establish an inde- 
pendent district carries, then the same board shall give the usual notice 
for a meeting to choose a board of directors. Two directors shall be 
chosen to serve until the next annual meeting, two until the second, and 
one until the third annual meeting thereafter. The board shall organize 
by the election of officers in the usual manner. [15 G. A., ch. 27 ; C. '73, 
§'l802; R., §§ 2099, 2100, 2106.] 

Notes: 1. When organize. The first board will enter upon its duties as 
soon as qualified and will organize by choosing a president and a secretary. 
The term of office of the president will expire on the third Monday in the fol- 
lowing March, that of the secretary, on the first day of July following. In 
cities and towns a treasurer, to serve until the first day of the following 
July, will be chosen at the time the directors are chosen. 

2. Certificate of organization. The secretary should immediately file with 
the county superintendent, auditor and treasurer, each, a certificate showing 
the officers of the board, and their postoffice address. All subsequent changes 
made in the officers of the board should be reported. Section 2766. 

3. Officers — when qualify. The secretary and treasurer must qualify 
within ten days. Section 2760. 

4. Record of organization. All proceedings connected with the organiza- 
tion of the new district should be recorded by the secretaries in the records of 
the districts from which territory is taken, so that the facts concerning its 
formation and organization may be readily obtained, in case the validity of 
the proceedings is ever questioned. 

5. Division of assets and liabilities. As soon as the board of the new in- 
dependent district has been organized, it may join with the boards from which 
territory has been taken in making a division of the assets and liabilities. 
Section 2802. 

6. Validity of organization. See note 5, section 2743. 

Sec. 2796. Taxes certified and levied. The organization of such 
independent district shall be effected on or before the first day of August 
of the year in which it is attempted, and, when completed, all taxes cer- 
tified for the school township or townshipsi of which the independent 
district formed a part shall be void so far as the property within the 



76 SCHOOL LAWS OF IOWA. 

limits of the independent district is concerned, and the board of such 
independent district shall fix the amount of all necessary taxes for school 
purposes, including schoolhouse taxes, at a meeting called for such pur- 
pose at any time before the third Monday of August, which shall be cer- 
tified to the board of supervisors on or before the first Monday of Sep- 
tember, and it shall levy said tax at the same time and in the same man- 
ner that other school taxes are required to be levied. [C. '73, § 1804.] 

Notes: 1. When organization completed. This section is construed to 
mean that the organization contemplated must he made between January 
first and the first of August. This limitation as to time is directory only, and 
does not apply when an appeal is taken. 110 Iowa, 652. Decisions, 88. 

2. Taxes. When a new independent school district Is organized as pro- 
vided by this section, the board has authority to determine and certify all 
necessary taxes, for school purposes, for that year, including schoolhouse 
taxes. 

3 . Joint district — jurisdiction. An independent school district composed of 
territory from two or more counties, belongs, for school purposes, to the county 
in which the school corporation, with whose board the petition for separate 
organization was filed and which conducted the elections for the organiza- 
tion of the new corporation, is located. Certificates of the teachers of such 
corporations must be registered with the superintendent of the same county. 

Sec. 2794-a. Consolidation — how effected. When a written de- 
scription describing the boundaries of contiguous territory containing 
not less than sixteen (16) government sections within one or more coun- 
ties is signed by one-third of the electors residing on such territory and 
approved by the county superintendent, if of one county and by the 
superintendents of each if of more than one county, and by the state 
superintendent if the county superintendents do not agree, and filed 
with the board of the school corporation in which the portion of the 
proposed district having the largest number of voters is situated, re- 
questing the establishment of a consolidated independent district, it 
shall be the duty of said board within ten days to call an election in the 
proposed consolidated independent district, for which they shall give 
the same notices as are required in sections twenty-seven hundred and 
forty-six (2746) of the code and twenty-seven hundred and fifty (2750) 
of the supplement to the code, at which meeting all voters residing in 
the proposed independent district shall be allowed to vote by ballot for 
or against such separate organization. If a majority of votes cast at such 
election shall be in favor of such independent organization, the organiza- 
tion of the proposed corporation shall be completed by the election of a 
board of directors as provided in section twenty-seven hundred and 
ninety-five (2795) of the code, said board to organize on the first day 
of July following unless that day falls on a Sunday, in which case on the 
day following. All taxes previously certified shall be void so far as the 
property within the limits of the consolidated independent district is 
concerned, and all taxes necessary for the new corporation shall be cer- 
tified and levied as provided in section twenty-seven hundred and ninety- 
six (2796) of the code, but no school corporation from which territory 
is taken shall, after the change, contain less than four government sec- 
tions, which territory shall be contiguous and so situated as to form a 
suitable corporation. When it is proposed to include in such district a 
town, city or village, the voters residing upon the territory outside of 



SCHOOL LAWS OF IOWA. 77 

the town, city or village shall be entitled to vote separately upon the 
proposition for the formation of such new district by presenting a peti- 
tion of at least twenty-five per cent of the voters residing upon such out- 
side territory, and if a majority of the vote so cast is against including 
such outside territory, then the proposed independent district shall not 
be formed. [31 G. A., ch. 141.] 

Notes: 1. Petition approved. The petition should be submitted to the 
■county superintendent before being circulated. 

2. Duty of superintendent. The county superintendent should exercise 
sound discretion, considering the effect of the change upon all concerned, both 
within and without the proposed new corporation. 

Sec. 2820-e. Consolidation authorized. That in all cities of the 
first class containing a population of fifty thousand or over, according to 
any census taken by the authority or under the direction of the state of 
Iowa or of the United States, all the territory embraced within the cor- 
porate limits of any such city may be consolidated into and become one 
independent school district, known as the independent school district of 
(naming the city), state of Iowa, in the manner following: [32 G. A., 
ch. 155, § 1.] 

Sec. 2820-f. Petition — question submitted — consolidation effected 
— board of directors — officers. "When a written petition, requesting 
the establishment of a consolidated independent district whose territory 
shall be co-extensive with that of such city, signed by one hundred voters 
of such city, is filed with the board of the school corporation, therein 
having the largest number of voters, it shall be the duty of said board 
within ten days, to call an election, at which all the voters residing in 
the proposed district shall be allowed to vote by ballot for or against the 
proposition, "Shall all the territory within the city of (naming it) be 
united into one school district?" The board calling said election shall 
divide the territory within the proposed district into such number of 
precincts, as the board shall determine, and the judges of election shall 
make and certify a return of the vote to the secretary of the same board 
which shall, on the next Monday after the election, canvass the returns 
made to the secretary, ascertain the result of the election, declare the 
same and cause a record to be made thereof, and in all other respects, 
except as inconsistent with the provisions of this act, the election shall 
be conducted as provided by law for elections in independent school 
districts in cities of the first class. If a majority of the votes cast at 
such election is favorable to the proposition, the consolidation and for- 
mation of said independent district shall thereby be effected, and the 
board of directors, treasurer, and other officers of the school corpora- 
tion then holding office in the district affected by such consolidation 
having the largest number of voters, shall become the board of directors, 
treasurer and other officers of such consolidated district, and shall con- 
tinue to hold their respective offices until the terms for which they were 
originally elected shall expire. The terms of office of all directors, 
treasurers and officers of boards in all the other districts affected by this 
act, lying wholly within such consolidated district and holding office at 
the time of such consolidation, shall cease and determine, and in case of 
districts lying partly without such consolidated district, the directors, 



78 SCHOOL LAWS OF IOWA. 

officers and treasurers shall continue to have authority only over the 
territory lying within their districts, and without the consolidated dis- 
trict; provided that nothing herein contained shall affect the terms of 
employment of superintendents, principals, or teachers for the current 
school year, in which such consolidation may be effected. [32 G. A., 
ch. 155, § 2.] 

Sec. 2820-g. Taxes. All taxes previously certified during that 
year, shall be void so far as the property within the limits of the con- 
solidated independent district is concerned. And all taxes necessary for 
the new corporation for that year shall be certified and levied as pro- 
vided in section twenty-seven hundred ninety-six (2796) of the code. 
All property belonging to districts affected by such consolidation shall 
become the property of the consolidated district, except that in case of 
districts lying partly without such city, the liabilities and assets of such 
districts shall be equitably apportioned in accordance with chapter one 
hundred thirty-six (136), section thirteen (13) acts of the thirty-first 
(31) general assembly, but nothing herein contained shall affect the 
rights of existing creditors. [32 Gr. A., ch. 155, § 3.] 

Sec. 2820-h. Election expense. The expense of such election shall 
be borne by the consolidated district, in case such district shall be formed, 
otherwise by the separate districts; in proportion to the assessed valuation 
therein within the proposed consolidated district. [32 G. A., ch. 155, 
§4.] 

Sec. 2797. Rural independent districts. At any time before the 
first day of August, upon the written request of one-third of the legal 
voters in each subdistrict of any school township, the board shall call a 
meeting of the voters of the subdistrict, giving at least thirty days' notice 
thereof by posting three notices in each subdistrict in each school town- 
ship, at which meeting the voters shall vote by ballot for or against rural 
independent district organization. If a majority of the votes cast in 
each subdistrict shall be favorable to such independent organization, 
then each subdistrict shall become a rural independent district, and the 
board of the school township shall then call a meeting in each rural 
independent district for the choice of three directors, to serve one, two 
and three years, respectively, and the organization of the said rural 
independent district shall be completed. [22 G. A., ch. 61.] 

Notes: 1. When taken. The vote upon the change may be taken at 
any time of year, but the organization cannot be completed between August 
and January. 

2. Must carry in all. Unless each and every subdistrict in the sehool 
township gives a majority vote favoring the change in form, the township 
remains a school township. 

3. Town or village may organize. A single subdistrict may be organized 
independent only when a village, town or city is included. Section 2794. 

4. Assets and liabilities. When the new boards are organized, they should 
meet as soon as possible, and make settlement of assets and liabilities, as 
directed by section 2802. 

5. One subdistrict may not. One subdistrict cannot be changed to a rural 
independent district unless all the subdistricts of the school township vote 
to become rural independent districts. 

6. Validity of organization. See note 5, section 2743. 

Sec. 2798. Subdivision of independent districts. Independent dis- 
tricts' may subdivide for the purposie of forming two or more independent 



SCHOOL LAWS OF IOWA. 79 

districts or have territory detached to be annexed with other territory 
in the formation of an independent district or districts, the board of 
directors of the original independent districts to establish the boundaries 
of the districts thus formed, such new districts to contain not less than 
four government sections of land each; but in case a stream or other 
obstacle shall debar a number of children of school privileges, an in- 
dependent district may be thus organized containing less territory; or, 
if such new district shall include within its territory a town or village 
with not less than one hundred inhabitants, it may in like manner be 
made up of less territory ; but in neither case shall the new district con- 
tain less than two government sections of land, nor be organized except 
on a majority vote of the electors of each proposed district, and the pro- 
ceedings tor such subdivision shall in all respects be like those provided 
in the section relating to organizing cities and towns into independent 
districts, so far as applicable. [18 G. A., eh. 131 ; 17 G. A., ch. 133, 
§§ 1-4.] 

Notes: 1. Township lines not a bar. The provisions of this section apply 
to all independent districts, and civil township lines are not a bar. 

2. Area. The amount of territory cannot be less than an equivalent of 
four government sections, unless the provision of this section apply. 

3. Wlien less than fo'ur sections. An independent district containing ter- 
ritory amounting to less than eight government sections may be divided into 
two independent districts, if an unbridged stream or other obstacle prevents a 
considerable number of scholars from attending school, or if one portion con- 
tains a village of not less than one hundred inhabitants. The district so formed 
must contain territory amounting to not less than two government sections, 
and a majority of the votes cast in each contemplated district must be cast for 
the division. 

4. Minimum. When an independent district is subdivided under this sec- 
tion the one of the districts not formed in accordance with the exception made 
must have at least four sections. 

5. Validity of organization. See note 5, section 2743. 

6. New boards necessary. Attorney general, report 1906, page 194; notes 
2, section 2793, and 22, section 2802. 

Sec. 2799. Uniting independent districts. Independent districts 
located contiguous to each other may unite and form one and the same 
independent district in the manner following: At the written request 
of any ten legal voters residing in each of said independent districts, or, 
if there be not ten, then a majority of such voters, their respective 
boards of directors shall require their secretaries to give at least ten 
days' notice of the time and place for a meeting of the electors residing 
in each of such districts, by posting written notices in at least five public 
places in each of said districts, at which meeting the electors shall vote 
by ballot for or against a consolidated organization of said independent 
districts, and, if a majority of the votes cast at the election in each dis- 
trict shall be in favor of uniting said districts, the secretaries shall give 
similar notice of a meeting of the electors as provided for by law for 
the organization of independent districts including cities and towns. 
[22 G. A., ch. 63, § 1; C. '73, § 1811.] 

Notes: 1. Vote separately. The proposition to consolidate independent 
districts must be separately voted upon in each of the districts affected. 
Unless a majority of the votes ca§t at such election in each district is in favor 
of such consolidatipn, it fails, 



80 SCHOOL LAWS OF IOWA. 

2. Application. The provisions of this section also apply to rural inde- 
pendent districts. Opinion of attorney general, report 1902, page 161. 

3. Times for elections. It is not essential for the consolidation of two 
school districts that the election in each district be held at the same time, as 
code section 2799, governing such elections, is only directory. 13 Iowa, 100. 

4. Validity of organization. See note 5, section 2 743. 

5. New board necessary. Attorney general, report 1906, page 19 4; notes 
2, section 2793, and 22, section 2802. 

Sec. 2800. Rural independent districts united into school township. 
A township which has been divided into rural independent districts may 
be erected into a school township by a vote of the electors, to be taken 
upon the written request of one-third of the legal voters residing in such 
civil township. Upon presentation of such written request to the town- 
ship trustees, they shall call a meeting of the electors at the usual place 
or places of holding the township election, upon giving at least ten days ' 
notice thereof by posting three written notices in each rural independent 
district in the township, and by publication in a newspaper, if one be 
published in such township, at which meeting the said electors shall vote 
by ballot for or against a school township organization. If a majority 
of the votes cast at such election be in favor of snch organization, each 
rural independent district shall become a subdistrict of the school town- 
ship, and shall organize as such on the first Monday in March following 
by the election of a director, notice of which shall be given as in other 
cases by the secretary of each of the rural independent districts, and the 
directors so elected shall organize as a board of directors of the school 
township on the first day of July following, unless that date falls on 
Sunday, in which case on the day following. [31 G. A., ch. 136, § 11 ; 
16 G. A., ch. 155; C. 73, §§ 1815-20.] 

Notes: 1. Who may act. The electors of any civil townsihlp which has 
adopted the rural independent school district organization, may vote upon the 
question of returning to the school township organization. 

2. Petition — to whom presented. The petition provided for in this section 
may be presented to the trustees and the vote ordered at any time of the year. 
When a proper petition is presented, the law makes it mandatory upon the 
township trustees to call and hold an election. 

3. A school township meeting. The meeting held to determine the ques- 
tion of school township organization, is a township meeting; if the vote is in the 
affirmative, each and every rural independent school district in the township 
becomes a subdistrict of the school township. 

4. Election of judges. The township trustees may act as judges of this 
election, but in their absime the electors assembled may choose a chairman 
and one or two secretaries to act as judges. 

5. When organization completed. The board of each rural independent 
school district will continue to act until the first day of July following the 
election, at which time a full statement of all assets and liabilities of the dis- 
trict should be reported to the board of the school township when organized. 

G. Township as a single district. The first board of a school township 
formed from a township organized as a single rural district, will consist of three 
directors elected by the whole township. Section 2752. If this board chooses 
to subdivide the township it may do so. Section 2801. 

7. Township meeting. The school township meeting is held on the second 
R'-^nday in March, to vote the necessary schoolhouse taxes as provided in section 
2749. 

8. Authority of boards. Between the time of the election provided for 
and the first day of July following, the boards of the several rural independent 
school districts have authority to perform all necessary acts relating to the 



SCHOOL LAWS OF IOWA. 81 

affairs of their districts, but they cannot incur any indebtedness, nor make any 
contracts, except such as may be necessary to maintain the usual schools of their 
districts. 

9. Duty of secretary. Upon the organization of the school township, the 
secretary should file with the county auditor and treasurer a certified plat of 
the district, and report to the county superintendent, auditor and treasurer, the 
name and address of each oflacer of the new board. Section 2766. 

10. Assets and liabilities. The school townsihip receives all the assets and 
assumes all the liabilities of the several rural independent school districts. In 
case a rural independent school district has issued bonds or otherwise incurred 
an indebtedness, for the erection of a schoolhouse and the electors have failed to 
provide for the payment thereof, the board of the school township has authority 
to apportion schoolhouse taxes for the payment of such indebtedness, from time 
to time, as justice and equity may require. Section 2813. 

11. Validity of organization. See note 5, section 2743. 

Sec. 2801. Division of school township into subdistricts. The 
board of any school township may by a vote of a majority of all the 
members thereof, at the regular meeting in Jnly, or at any special meet- 
ing called thereafter for that purpose, divide the school township into 
subdistricts such as justice, equity and the interests of the people require, 
and may make such alterations of the boundaries of subdistricts hereto- 
fore formed as may be deemed necessary, and shall designate such sub- 
districts and all subsequent alterations in a distinct and legible manner 
upon a plat of the school township provided for that purpose, and shall 
cause a written description of the same to be recorded in the records of 
the school township, a copy of which shall be delivered by the secretary 
to the county treasurer and also to the county auditor, who shall record 
the same in his office. The boundaries of subdistricts shall conform to 
the lines of the congressional divisions of land, and the formation or 
alteration of subdistricts as contemplated in this section shall not take 
effect until the first Monday in March thereafter, at which time a di- 
rector shall be elected for any subdistrict newly formed. [31 G. A., ch. 
136, § 12; 21 G. A., ch. 124; 16 G. A., ch. 109; C. '73, §§ 1725, 1738, 1796; 
R., § 2038.] 

Notes: 1. Compliance. All clianges in subdistrict boundaries must be 
made in strict conformity with this section. 

2. Vote necessary. Subdistrict boundaries can be changed only by 
affirmative vote of a majority of all the members of the board. 

3. When made. While this section provides that boards may change 
subdistrict boundaries at the regular meeting in July, or at a special meeting 
called for that purpose, it must be understood that such change cannot be 
made so late as to prevent the notices of election from being given at least 
five days previous to the subdistrict elections, as required by section 2751. 
Decisions, 52. 

4. Change of civil townships-effect of.. When new civil townships are 
formed, the corresponding changes in school township boundaries take effect 
at the next isubdistrict election. Section 2790. 

5. All territory in some corporation. All territory must be included 
within some school corporation, and all of a school township must be included 
in some subdistrict, when the territory is so subdivided. Decisions, 33. 

6. Subdistrict not a corporation. A subdistrict is not a corporate body 
and has no financial claims, nor can it be held liable for debts, except as a part 
of the school township. Decisions, 13. 

7. Redlstrlcting. The iboard may discontinue or abolish any subdistrict 
by a readjustment of boundaries, and it may provide that there shall be no 
subdistricts, and that the schools of the corporation shall he governed by a 
board of three directors chosen from the toWRShip at large. Section 2752, 



82 SCHOOL LAWS OF IOWA. 

8. County officers notified. It is especially important that the county 
auditor and treasurer he officially notified by the secretary, whenever any changes 
are made in district houndaries, by the formation of independent districts or 
otherwise, to enable these officers to perform their duties in the levy of taxes, 
and the apportionment and disbursement of school funds. 

9. Congressional divisions. By congressional divisions of land is meant 
those divisions authorized by congress in government surveys, of which the 
smallest is, in general, one-sixteenth of a section, or a tract of forty acres in a 
square form. Government lines, however, sometimes meander along streams 
and other bodies of water, and divisions of land are thus formed of less than 
forty acres. Decisions, 33. 

10. Number necessary for new subdistrict. There is nothing in the law 
fixing the number of persons of school age necessary for a new subdistrict, 
nor is the exact amount of territory to be included determined by the law. 

11. Entire corporation considered. When establishing subdistrict bound- 
aries the interests of the entire corporation must be considered. Decisions, 
111. 

Sec. 2802. Changes of boundaries — division of assets and liabilities. 

When any changes are made in the boundaries of any school corporation 
the new corporation shall elect a board of directors in accordance with 
the new boundaries, and such new boards shall organize as provided in 
section twenty-seven hundred fifty-seven (2757) of this chapter. The 
boards of directors in office at the time the changes are made in the 
boundaries of the school corporation, shall continue to act until the 
boards of directors representing the newly formed districts have been 
duly organized, whereupon the new boards shall make an equitable 
division of all assets and liabilities of the corporations aif ected ; and, if 
they cannot agree, the matters upon which they differ shall be decided 
by disinterested arbitrators, one selected by each board having an interest 
therein, and if the number thus selected is even then one shall be added 
by the county superintendent, and the decision of the arbitrators shall 
be made in writing, either party having the right to appeal therefrom to 
the district court. [C. '73, § 1715; 31 G. A., ch. 136, § 13.] 

Notes: 1. Assets and liabilities. Assets include schoolhouses, sites, and 
all other property and moneys belonging to the district. Liabilities include 
all debts for which the district in its corporate capacity is liable. In deter- 
mining the assets, school property should be estimated at its present cash 
value. 

2. Assets — apportionment of. The division of assets will relate to the 
schoolhouse and other property, moneys in all funds on hand, and uncollected 
taxes. The territory transferred carries with it such a part of the assets and 
liabilities of the corporation to which it belonged as the assessed valuation 
of such territory is part of the assessed valuation of the property of the corpora- 
tion. 

3. Teachers' fund — apportionment. Any portion of the teachers' fund 
derived from the semi-annual apportionment, should be divided in propor' 
tion to the number of persons between five and twenty-one years of age, ac- 
cording to the last enumeration. 

4. Schoolhouse — where belong. Schoolhouses will usually become the 
property of the district in which they are situated. If their value exceeds the 
amount justly due that district, and there is not sufficient schoolhouse fund 
on hand to equalize the division, the boards should fix the amount each district 
should receive or pay. 

5. Equitable division desired. An equitable arrangement mutually sat- 
isfactory to the parties in interest will be in accordance with the intent of the 
law. Any agreement should be reduced to writing, and entered upon the 
records of each district. 



SCHOOL LAWS OF IOWA. 83 

6. Claim. The districts, after the division, which do not receive their 
just proportion of schoolhouse property, have a claim against those that do 
obtain more than a due share. The last are indebted to the first in the difference 
36 Iowa, 216. 

7. Unpaid and delinquent taxes — apportionment. A simple and just 
method to dispose of unpaid and delinquent taxes, also of all funds in the hands 
of the county treasurer, is to direct the payment of these funds in such 
manner that taxes derived from any part of the territory shall he paid to 
the district to which such territory will then belong. 

8. Recovery. If money is received which belongs to another, the rule 
is a general one that the law implies a promise on the part of the receiver to 
pay it over. Based upon this promise an action may be maintained for its 
recovery. 11 Iowa, 506; 80 Iowa, 495. 

9. Injunction as a test. Any conflict between districts, wlbh regard to 
boundaries will be hest determined hy the one aggrieved asking a court to re- 
strain the county treasurer from paying taxes to the other district, on the 
ground that the district complaining is entitled to receive said taxes. 

10. Scope of the law. Section 2 793 provides for a change of boundaries 
between adjoining independent districts in the same county and for con- 
solidation. 

11. Change of boundaries. If the boundary between an independent 
district and a school township is the line of the civil township, it cannot be 
changed under section 2793-a, except there he an incorporated town, and then 
only by the extension of the corporate limits of such town. If the independent 
school district includes a portion of a civil township, the remainder of which 
is a school township, the boundary between the districts may be changed. 

12. Concurrencce — appeal. Where a change of boundaries between dis- 
tricts is desired, and one of the boards acts favorably, a petition may be pre- 
sented to the other board to concur in that action, although it formerly may 
have refused to grant a similar petition. From the action of the latter board 
upon the request an appeal may be taken. 

13. Initiatory — no appeal. No appeal can be taken from an action of 
the board taking the initiatory step, while it requires the concurrence of another 
board to complete the action. The concurrence or refusal of the second board is 
the order from which an appeal may be taken. Decisions, 49, 58. 

14. Power of county superintendent. When an appeal is taken from 
the proper board, the county superintendent must affirm the action of one board 
or the other, but cannot himself modify the action of the board acting first. 
Decisions, 58. 

15. Assets and liabilities. Territory transferred from one district to 
another carries with it an equitable proportion of the assets and liabilities of 
the district from which it is taken, the district accepting it becomes responsi- 
ble for such liabilities. 

16. Initiatory — ^immaterial. It is not material which hoard takes the 
first action with regard to the transfer of territory. Usually it is desirable to 
secure the action of the board with regard to which there is no doubt, and 
afterward to endeavor to induce the other board to take the same action. If 
the board last acting takes an action different in kind it may be regarded as 
initiating a new order, which in turn must go to the other board for adoption 
or rejection. 

17. Assets and liabilities — ^no appeal. An appeal to the county super- 
intendent will not lie from a joint action of the boards in making a settlement 
of assets and liabilities. Decisions, 80. 

18. Who may demand. Demand for settlement and division of assets 
must be made by one authorized to make such demand upon one authorized to 
act. 110 Iowa, 702. 

19. Arbitrators — mandamus. When arbitrators have been appointed, 
mandamus will lie to compel them to act. 110 Iowa, 702. 

20. Power of arbitrators. The arbitrators can consider only such as- 
sets and liabilities as existed between the districts at the time the new district 
was formed. 107 Iowa, 73. 



84 SCHOOL LAWS OF IOWA. 

21. Choice of arbitrators. When the respective boards of directors have 
met and failed to agree, mandamus may be maintained to compel a choice of 
arbitrators, but not to compel the making of equitable division. 68 Iowa, 486. 

22. Change of boundaries — new boards. The boards of directors of the 
respective districts where the boundaries of the school districts are chansed 
by the extension of the lines of the corporation, can act in their official 
capacity only until the next regular election in the respective districts. At 
such regular election, each of the districts must elect an entire new board 
of directors in accordance with the new boundaries. This section applies 
also to cases where such change is made by agreement of the respective 
boards of the school district. See report of attorney general, 1906, page 194. 

Sec. 2803. Attending school in another corporation. A child resid- 
ing in one corporation may attend school in another in the same or ad- 
joining county if the two boards so agree. In case no such agreement is 
made, the county superintendent of the county in which the child re- 
sides and the board of such adjoining corporation may consent to such 
attendance, if the child resides nearer a schoolhouse in the adjoining 
corporation and one and one-half miles or more from any public school 
in the corporation of his residence. But before granting such consent 
the county superintendent shall give notice to the board where the child 
resides and hear objections, if any. In case such consent is given, the 
board of the district of the child's residence shall be notified thereof in 
writing, and shall pay to the other district the average tuition per week 
and an average proportion of contingent expenses for the school or room 
thereof in which such child attends. If payment is refused or neglected, 
the board of the creditor corporation shall file an account thereof certi- 
fied by its president with the auditor of the county of the child's resi- 
dence, who shall, at the time of the making of the next semi-annual appor- 
tionment, deduct the amount from the sum apportioned to the debtor 
district, and cause it to be paid to the corporation entitled thereto. [17 
G. A., ch. 41; 16 G. A., ch. 64; C. '73, § 1793; R., § 2024; C. '51, § 1143.] 

Notes: 1. By agreement of boards. This section grants to all boards 

the power to agree upon terms of attendance. Such agreement should name 
the amount to be paid, if any, the time during which the stipulation shall 
be in force, and other matters. 

2. Without agreement of boards. If scholars reside more than one and 
one-half miles from a school in their own district and nearer to a school in 
another district, which they desire to attend, application should first be made to 
both boards of directors; if the boards refuse to enter into an agreement, they 
may attend school in such district with the consent of the board of the district 
where they desire to attend and of the county superintendent of the county 
in which the children reside. 

3. Different townships. This section applies to districts In the same or 
in different civil townships or counties. 

4. Purpose of law. What is sought by the law is to supply to every 
child advantages equal as nearly as possible with those afforded to the average 
child. 

5. When consent of both boards necessary. If scholars live nearer to a 
school in their own district, or less than one and one-half miles of one, they 
can attend school in another district at the expense of their own district, 
only by an agreement of both boards. 

6. Consent of board necessary. In no case may scholars attend school 
in a district in which they do not reside, without the consent of the board 
thereof. 

7. When superintendent may act. The first three lines give the boards 
power to agree upon terms of attendance, without regard to the distance in the 



SCHOOL LAWS OF IOWA. 85 

case. But advantage may not be taken of the remainder of the section unless 
all the provisions enumerated are fulfilled. 

8. Distance — how determined. In determining distances to different 
schools the measurement must be made by the nearest public highway to each 
school. And if the person lives off the highway, the distance should be com- 
puted by the nearest and most accessible private way as usually traveled from 
the residence to the highway. 

9. What is sought, " What is sought to be determined is the actual dis- 
tance necessary to be traveled by the scholar. It may therefore sometimes be 
required to measure from the door of the home of the scholar to the door of 
the schoolhouse, in order to ascertain definitely the actual distance from school. 

10. Must provide school. Every district is bound to provide school fa- 
cilities for the children thereof; and children living in a school district in 
one county may attend school in an adjoining district in another county under 
the provisions of this section. 113 Iowa, 549. 

11. Consent of county superintendent. In giving or withholdins his con- 
sent, the county superintendent should consider all the circumstances, and 
when he has concurred or refused to concur, the matter is concluded for that 
time, as no appeal will lie. . 

12. Position of county superintendent. The position of the county 
superintendent is somewhat similar to that of a disinterested arbitrator 
between the two boards. He should confer with both boards if possible and 
should take into account all the conditions of the case. 

13. Superintendent should hesitate. If there is little difference in the 
distance, or if the schoolhouse of the scholar is only slightly in excess of a 
mile and a half, then the county superintendent should ihesitate to concur, 
especially if it will weaken the funds or diminish the attendance at the 
home school so as to unduly impair its success. 

14. Actioh is concurrent. The action of the board where the children 
desire to attend and of the county superintendent is a concurrent one. 
The two parties are thus supposed to have equal discretionary powers. 

15. Collection of tuition. Collection of tuition cannot be made by ap- 
peal to the county superintendent, but such questions in controversy must 
be settled through the courts. 

16. Notice. The notice referred to cannot be said to 'be officially trans- 
mitted unless signed by both the president and secretary. Payment for at- 
tendance jcan be collected from the district where the children reside, only 
from the date of such notice. Form 44. 

17. Term of. This notice holds only for the term, or such time as the 
county superintendent and board name in their written concurrent agree- 
ment. 

18. Mailing, not notice. Depositing a letter in a postoffice without fur- 
ther proof that such letter reached the party addressed, is not a legal 
notice as required to secure payment of tuition. Code, section 3531. 

19. Amount — how determined. The average proportion of tuition and 
contingent expenses for any number of scholars is found by dividing the 
amount expended for these purposes in the school where they have at- 
tended, by the total attendance in days, and multiplying the quotient 'by 
the number of days said scholars have attended. 

20. Average in graded schools. When scholars attend a graded school, 
the average tuition sihould be computed on the basis of the expenses of each 
pupil in the grade or room in which such scholars are placed; the average 
expense of contingent fund may be computed as a part of the whole con- 
tingent expense of such school. 

21. Comply with law. Any other action than compliance with the ab- 
solute and explicit terms of the law, will render the collection of tuition 
difficult and in most cases impossible. Decisions, 48. 

22. Law equitable. The provisions of this section are the result of a 
long experience in this state with regard to the matter of attendance. 
As a general provision, the law is very equitable and gives almost universal 
satisfaction. 

Sec. 2804. School age — nonresidents. Persons between five and 
twenty-one years of age shall be of school age. Nonresident children 



86 SCHOOL LAWS OF IOWA. 

and those sojourning temporarily in any school corporation may attend 
school therein upon such terms as the board may determine. The parent 
or guardian who^ child or ward attends school in any independent dis- 
trict of which he is not a resident shall be allowed to deduct the amount 
of school tax paid by him in said district from the amount of the tuition 
required to be paid. [C. 73, § 1795.] 

Notes: 1. Under school age. Children under five years of age would 
be more injured by the confinement than benefited by the instruction. 
They cannot claim the advantages of the school, and should not be al- 
lowed to attend. They may not be admitted to receive instruction even 
upon the payment of tuition. 

2. Over school age. Persons over twenty-one years of age are not en- 
titled to attend the public schools, but they may be admitted upon such 
terms as the board deems proper. 

3. Board determines residence. The board must be satisfied that the 
residence of the sciholar in the district is actual before allowing free at- 
tendance. 

4. Method of determining. In determining whether a person is entitled 
to attendance free of tuition, the board may take any impartial method of 
deciding the question. Decisions, 68. 

5. Appeal. Any one aggrieved by an order of the board admitting, or 
refusing to admit, a scholar, has the remedy of appeal. 

6. Taxes not basis for attendance. Paying school taxes does not entitle 
non-residents to school privileges, but school taxes paid in an independent 
district shall be deducted from the amount of tuition required of a non- 
resident pupil. 

7. Self-supporting minors. Young people who are making their own 
living should not be excluded from school privileges in the district where 
they are at >home. 

8. Admission of pupil — mandamus. The action of a school board in 
denying a pupil free admission to the schools on the ground of non-resi- 
dence cannot be reviewed in a mandamus proceeding; the remedy is ap- 
peal. 124 Iowa, 355. 

Sec. 2805. Bible not excluded. The bible shall not be excluded 
from any public school or institution in the state, nor shall any child be 
required to read it contrary to the wishes of his parent or guardian. [C. 
73, § 1764; E., § 2119.] 

Notes: 1. A suitable exercise. Our common schools are maintained 
at public expense, and the law contemplates that they shall be equally free 
to persons of every faith. A very suitable devotional exercise consists 
in the teacher's reading a portion of scripture without comment, and the 
repetition of the Lord's prayer. 

2. Teacher determines. Neither the board nor the electors may direct 
the teaciher to follow a given course in respect to the reading of tlie bible 
in school. Each teacher will be guided by his own good judgment, re- 
stricted only by the provision that no child shall be required to read it 
contrary to the wishes of his parent or guardian, and such provision is not 
unconstitutional. 64 Iowa, 3 67. The wishes of his patrons may properly 
be given weight in aiding liim to determine his action. 

3. Regulation regarding religion. While moral instruction should be 
given in every school, neither this section nor the spirit of our constitu- 
tion and laws will permit a teacher or board to enforce a regulation in 
regard to religious exercises, which will wound the conscience of any, 
and no scholar can be required to conform to any particular mode of wor- 
ship. 64 Iowa, 367. 

4. Moral instruction. Moral instruction tending to impress upon the 
minds of pupils the importance of truthfulness, temperance, purity, public 
spirit, patriotism, and respect for honest labor, obedience to parents and 
due deference for old age, should be given by every teacher in the public 

SClhiOOlB. 



SCHOOL LAWS OF IOWA. 87 

5. Injunction. If a teacher gives religious instruction or teaches in the 
interest of any church or denomination, the board may be prevented from 
continuing or sanctioning such instruction, by injunction from the courts; 
and having ordered or countenanced this instruction, may be prevented 
in the same manner from paying such teacher from the public school funds. 

6. Public funds may not be used. Tihe diversion of the school fund in 
any form or to any extent for the support of sectarian or private schools 
is inadmissible and clearly in violation of our laws. 59 Iowa, 70. 

7. Public funds may not be loaned. Public money shall not be appro- 
priated, given or loaned by the corporate authorities of any county or 
township, to or in favor of any institution, school, association or object 
which is under ecclesiastical or sectarian management or control. Code, 
section 593. 

TAXES. 

Sec. 2806. School taxes. The board of each school corporation 
shall at its regular meeting in July, or at a special meeting called for 
that purpose between the time designated for such regular meeting and 
the third Monday in August, estimate the amount required for the con- 
tingent fund, not exceeding five dollars for each person of school age, but 
each school corporation may estimate not exceeding seventy-five dollars 
for each school thereof, and such additional sum as may be necessary not 
exceeding five dollars for each person of school age for transporting 
children to and from school; and also such additional sum as may be 
authorized in the chapter on uniformity of text-books ; also such sum as 
may be required for the teachers' fund, which, including the amount 
received from the semi-annual apportionment, shall not exceed fifteen 
dollars for each person of school age therein, but each corporation may 
estimate not exceeding two hundred and seventy dollars, including such 
apportionment, for each regular school therein. No tax shall be esti- 
mated by the board after the third Monday in August in each year. 
School corporations containing territory in adjoining counties may vote 
and estimate all taxes for school purposes in mills. The board shall 
apportion any tax voted by the annual meeting for schoolhouse fund 
among the several subdistrictsi in such a manner as justice and equity 
may require, taking as the basis of such apportionment the respective 
amounts previously levied upon said subdistricts for the use of such 
fund. [31 G. A., ch. 136, ^ 14; 28 G. A., ch. 108; 15 G. A., ch. 67, § 1; 
C. 73, §§ 1738, 1777-8, 1780; R., §§ 2033-4, 2037-44, 2088.] 

Notes: 1. Specific sums certified. This section requires boards to cer- 
tify the specific sums necessary to be raised for teachers' and contingent 
funds to the board of supervisors, whose duty it is to estimate and levy 
the per centum necessary to raise the amounts so certified. 

2. Joint districts certify mills. Districts formed from territory lying 
in adjoining counties, may vote and certify to the respective boards of 
supervisors the number of mills on the dollar required to raise the neces- 
sary school taxes. 

3. Tax void. The general rule is that a tax estimated by the board 
after the third Monday in August is void. This renders it essential that 
boards certify taxes within the required time. 73 Iowa, 3 04. For excep- 
tions see sections 2767, 2796, 3973. 

4. Schoolhouse fund voted by electors. It is the rule that schoolhouse 
funds must be voted by the electors. Exceptions, sections 2767, 2796, 2811, 
2813 and 3973. 

5. Board determines amount necessary. It is wholly within the dis- 
cretion Of the hoard to determine the amounts required for the cantingent 



88 SCHOOL LAWS OF IOWA. 

and teachers' funds. 41 Iowa, 153. Any vote of the electors with refer- 
ence to these amounts is only suggestive, and is not at all binding. 

6. Limit of levy. This section limits the amount which may be levied 
for any one year, to fifteen dollars per scholar for teachers' fund, five dol- 
lars per scholar for contingent fund, and five dollars per scholar extra 
when necessary for transportation of pupils; but authorizes the levy of 
seventy-five dollars for contingent, and two hundred and seventy dollars 
for teachers' fund for each regular school, even if the levy thereby exceeds 
five and fifteen dollars per scholar, for these funds. When free text-books 
have been authorized, an additional amount not exceeding one and one-half 
dollars for each person of school age may be estimated for the contingent 
fund. Section 2 82 5. 

7. Maximum levy. If the amount of schoolhouse tax voted and certified 
by the board of directors in any one year exceeds the limit which the 
board of supervisors is allowed to levy under the provisions of this sec- 
tion, it is the duty of the board of supervisors to levy only the maximum 
amount authorized by law. Section 2807. 

8. Apportionment of funds. The teachers' and contingent funds are not 
to be apportioned among the subdistricts, but levied uniformly on the tax- 
able property of the school township. 

9. When not apply. The first provision in this section does not apply 
where a larger tax is required to meet the interest on valid outstanding 
bonds. 69 Iowa, 612. Section 2 813. 

10. Mimmum levy. The second provision in this section was adde^ for 
the relief of sparsely settled communities, in which five dollars per scholar 
for contingent fund and fifteen dollars per scholar for teachers' fund, is 
not adequate to maintain schools for the time required by law. 

11. How compel secretary to certify. To determine conclusively whether 
it is the duty of the secretary to certify a tax supposed to have been voted 
by the voters, but with regard to which vote there is some doubt, an appli- 
cation to a court for a writ of mandamus or injunction, as the case may be, 
will secure a settlement of all questions involved. 

12. A school corporation not a municipality. A school district is not 
a municipality wfthin the meaning of chapter 62, section 14, laws of 1894 
(code, section 2445) and cannot claim one-half of the mulct tax. 102 
Iowa, 5. 

13. When levy unnecessary. If the board finds a sufficient amount of 
teachers' fund and contingent fund on hand and in sight to support the 
schools for the current year, it may decline to certify any amount to be 
raised under this section. 

14 Taxes — ^laches — estoppel. 123 Iowa, 55. 

15 Taxes — recovery. 109 Iowa, 606. 

Sec. 2807. Levy by board of supervisors. The board of super- 
visors shall at the time of levying taxes for county purposes levy 
the taxes necessary to raise the various funds authorized by law and 
certified to it under this chapter, but if the amount certified for any 
such fund is in excess of the amount authorized by law it shall levy 
only so much thereof as is authorized by law. If a schoolhouse tax is 
voted at a special meeting and certified to said board after the regular 
levy is made, it shall at its next regular meeting levy such tax and 
cause the same to be forthwith entered upon the tax list to be collected 
as other school taxes. It shall also levy a tax for the support of the 
schools within the county of not less than one nor more than three 
mills on the dollar on the assessed value of all the taxable property 
within the county. [C. '73, §§ 1779-80; E., §§ 2057, 2059.] 

Notes: 1. Transfer. A board of review has no authority to transfer 
property from one school cornoration to another for assessment. 108 
N. W., 320, 



§e]H66L LAWS OF IOWA. §& 

2. Taxes — ^liability. Property in a school corporation at the time of the 
levy of a sohoolhouse tax is liable for the tax, though not a part of the 
corporation at the time the tax was voted. 108 N. W., 528. 

Sec. 2808. Apportionment. The county auditor shall on the first 
Monday in April and the first Monday in October of each year, 
apportion to the school tax, together with the interest of the per- 
manent school fund and rents on unsold lands to which the county 
is entitled as shown in the notice from the auditor of state, and all 
other money in the hands of the county treasurer belonging in common 
to the schools of the county and not included in any previous appor- 
tionment among the several corporations therein, in proportion to the 
number of persons of school age, as shown by the report of the county 
superintendent filed with him for the year immediately preceding. He 
shall immediately notify the county treasurer of such apportionment 
and of the amount due thereby to each corporation. The county 
treasurer shall thereupon give notice to the president of each corpo- 
ration, and shall pay out such apportionment moneys in the same 
manner that he is authorized to pay other school moneys to the 
treasurers of the several school districts. [32 G. A., ch. 151, § 3; 27 
G. A., ch. 94; C. '73, §§ 1781-2, 1841; R., §§ 1966, 2060-1.] 

Notes: 1. Warrant for. Tihis warrant must be signed by the presi- 
dent and countersigned by the secretary, to authorize payment of the 
amount named therein upon presentation by the district treasurer. Form 16. 

2. Basis of apportionment — review. The auditor, in making the appor- 
tionment, performs a ministerial duty and is without authority to review 
the school census. Ill N. W., 943. 

Sec. 2809. Auditor to report. The county auditor, shall on the 
first Monday in January of each year, forward to the superintendent 
of public instruction a certificate of the election or appointment and 
qualification of the county superintendent, and shall also on the first 
day of January of each year make out and transmit to the auditor 
of state, in accordance with such forms as said auditor may prescribe, 
a report of the amount of permanent school fund held by the county 
and also the amount of interest due prior to January first, still re- 
maining unpaid, and shall file said report with the auditor of state on 
or before the first day of February. [32 G. A., ch. 151, ^ 2; C. '73, 
§ 1783.] 

Notes: 1. Certificate of election. This certificate should be forwarded 
to the superintendent of public instruction as soon as the qualification 
and bond, properly approved, have been filed in the office of the county 
auditor. 

2. What certificate should show. The certificate should in all eases 
certify to the qualification as well as the election or appointment of the 
county superintendent, for although he may be properly elected or ap- 
pointed, yet (he cannot be recognized until it is known that he has taken 
the necessary oath of office, and that his bond is approved. 

3. In case of change. Whenever any change is made by resignation or 
otherwise, a certificate of the appointment and qualification of a suc- 
cessor should be immediately forwarded. Forms 37 and 88. 

Sec. 2810. Taxes paid over. Before the third Monday of Jan- 
uary, April, July and October in each year, the county treasurer shall 
give notice to the president of the board of each school corporation in 



S6 sGiiooL LAWS OF ioWA. 

the county of the amount collected for each fund to the first day of 
such month, and the president of each board shall draw his draft 
therefor, countersigned by the secretary, upon the county treasurer, 
who shall pay such taxes to the treasurers of the several school boards 
only on such draft. -He shall also keep the amount of tax levied for 
schoolhouse purposes separate in each subdistrict where such levy has 
been made directly upon the property of the subdistrict, and shall 
pay over the same quarterly to the treasurer of the school township 
for the benefit of such subdistrict. [C. '73, §§ 1784-5.] 

Notes: 1. Certify amount collected. It is the duty of the county treas- 
urer to notify the president of the board of each district, quarterly, of the 
amount collected for each fund and pay it to the district treasurer on the 
warrant of the president countersigned by the secretary. Form 39. 

2. When draft is drawn. Whenever a draft is drawn on the county 
treasury, it is the duty of the secretary to charge the district treasurer 
with the amount na-med in the draft, keeping a separate account with each 
fund. Section 2761. 

3. Funds kept separate. The four funds — teachers', schoolhouse, con- 
tingent and school building bond fund — must be kept separate by the county 
treasurer, as directed in this section, to enable school officers to comply 
with the law in the discharge of their official duties. Sections 2761, 2762, 
2768 and 2769. Form 39. 

4. Division reported by county treasurer. The division of funds made 
by the county treasurer must be respected by the board, unless the electors 
direct schoolhouse funds unappropriated transferred to other funds. This 
is the only transfer provided for by law. Section 2749. 

Sec. 2811. Judgment tax. When a judgment shall be obtained 
against a school corporation, its board shall order the payment thereof 
out of the proper fund by an order on the treasurer, not in excess, how- 
ever, of the funds available for that purpose. If the proper fund 
is not sufficient, then, unless its board has provided by the issuance 
of bonds for raising the amount necessary to pay such judgment, the 
voters thereof shall at their annual meeting vote a sufficient tax for 
the purpose. In case of failure or neglect to vote such a tax, the 
school board shall certify the amount required to the board of super- 
visors, who shall levy a tax on the property of the corporation for the 
same. [18 G. A., ch." 132, § 6 ; C. '73, § 1787; R., § 2095.] 

Notes: 1. No order has preference. An order drawn under this sec- 
tion is not entitled to payment to the exclusion of other orders. 40 Iowa, 
620. 

2. Bonds to pay judgments. Judgment indebtedness may be converted 
into bonded indebtedness, but not beyond the constitutional limit. 

3. Limit of indebtedness. See sections 1306-b and 2820-a to 2 820-d, 
following section 2 79 6, page 92. 

BONDS — INDEBTEDNESS. 

Sec. 2812-b. Repeal. That chapter one hundred and forty (140) 
laws of the thirty-first general assembly, be and the same is hereby 
repealed and the following sections enacted in lieu thereof [29 G. A., 
ch. 127 ; 28 G. A., ch. 142 ; 27 G. A., ch. 95 ; 21 G. A., ch. 95 ; 18 G. A., 
ch. 51, ^ 1, 3; 18 G. A., ch. 132, §§ 1-5; 16 G. A., ch. 121; C. '73 
^^ 1821-2; 31 G. A., ch. 140; 32 G. A., ch. 152, § 1.] 



SCHOOL LAWS OF IOWA. 91 

Sec. 2812-c. School funding bonds. The board of directors of any 
school corporation may issue the bonds of said school corporation 
to pay any judgment against said school corporation or any indebted- 
ness represented by bonds heretofore lawfully issued. Said bonds 
shall be known as school funding bonds and shall be authorized by 
resolution of the board. The proceeds derived from said bonds shall 
be applied in payment of any such outstanding judgment or bonded 
indebtedness, or said bonds may be exchanged for outstanding judg- 
ments or bonds, par for par. [32 G. A., ch. 152, § 2.] 

Notes: 1. When issued. Bonds voted under tlie provisions of this 
section may be issued and sold as the neeessities of the school corporation 
require. 

2. Funding bonds. This section authorizes the board of directors of 
any school corporation to issue funding bonds without a vote of the electors, 
but the board cannot issue school building bonds without a vote of the 
electors. See section 2 812-d. 

3. Taxes — bonds. There is no intimate connection between the levy 
of taxes and an outstanding bonded indebtedness. The levy of taxes is 
not intended by the law to be considered as an outstanding indebtedness. 
The limit of bonded indebtedness is fixed by chapter 41, laws of 1900. 
The limit for levy of taxes by sections 2749, 2806-7, 2 813. See 13 06-b and 
2820-a, page 92. 

Sec. 2812-d. School building bonds. For the purpose of borrow- 
ing money necessary to erect, complete, equip, furnish or improve a 
schoolhouse, or to purchase sites therefor, the board of directors of 
any school corporation, when they have been heretofore, or when 
they may hereafter be authorized by the voters at the annual meeting 
or at a special meeting called for that purpose, may issue the negotiable 
interest bearing bonds of said school corporation ; said bonds to be 
known as school building bonds. [32 Gr. A., ch. 152, § 3.] 

Notes: 1. Valuation' — tax lists. As indicating the valuation of the 
district, the tax lists may not be taken into account until after the levy of 
the taxes in September. 70 Iowa, 23 0. 

2. Defeat of proposition — effect of. The fact that the vote for bonds 
was defeated will not prevent the board from calling another election at 
any time when it thinks best to do so. 

3. Issue not mandatory. While a vote to issue bonds is regarded by 
the courts as somewhat in the nature of permissive authority to the board, 
yet a board may not attempt to defeat the wish of the voters clearly 
expressed. Decisions, 75, laws of 1897. 

4. Compliance necessary. In the matter of issuing bonds, every legal 
requirement should be scrupulously adhered to, in order that not even the 
slightest irregularity may be urged against the validity of the bonds, 
when they come to be negotiated. 

5. Rights of interested persons. If a board takes an action calculated 
to thwart the will of the voters, perhaps any person interested could secure 
from a court a writ directing the board to proceed in the line of fulfilling 
the expressed wish of the voters. 

Sec. 2812-e. Form — duration — rate of interest — where registered. 

All of said bonds shall be substantially in the form provided for 
county bonds, but subject to changes that will conform them to the 
action of the board providing therefor, shall run not more than 
ten years, and may be sooner paid if so nominated in the bond; be in 
denomination of not more thsm one thousand dollars ($1,000) o;* Je^s 



92 SCHOOL LAWS OF IOWA. 

than one hundred dollars ($100) each, to bear a rate of interest not 
exceeding six (6) per centum per annum, payable semi-annually, to be 
signed by the president and countersigned by the secretary of the 
board of directors, and shall not be disposed of for less than par 
value, nor issued for other purposes than this chapter provides. All 
of said bonds shall be registered in the office of the county auditor. 
The expenses of engraving and printing of bonds may be paid out of 
the contingent fund. [32 G. A., ch. 152, § 4.] 

Sec. 2812-f. Redemption — treasurer to keep record. Whenever the 
amount in the hands of the treasurer, belonging to the funds set aside 
to pay bonds, is sufficient to redeem one or more of the bonds which by 
their terms are subject to redemption, he shall give the owner of said 
bonds thirty (30) days' written notice of the readiness of the 
district to paj^ and the amount it desires to pay. If not presented for 
payment or redemption within thirty days after the date of such 
notice, the interest on such bonds shall cease and the amount due 
thereon shall be set aside for its payment .whenever it is presented. 
All redemptions shall be made in the order of their numbers. The 
treasurer shall keep a record of the parties to whom the bonds are 
sold, together with their postoffice addresses, and notice mailed to the 
address as shown by such record shall be sufficient. [32 G. A., ch. 
152, § 5.] 

Sec. 1306-b. Amount of indebtedness limited. No county or other 
political or municipal corporation, including cities acting under special 
charters, shall be allowed to become indebted, in any manner or for 
any purpose, to an amount in the aggregate exceeding one and one- 
fourth per centum on the actual value of the property within such 
county or corporation, to be ascertained by the last state and county 
tax list previous to the incurring of such indebtedness. [28. G. A., ch. 
41, § 2.] 

Notes: 1. For additional indebtedness. See sections 2 820-a to 2 82 0-d, 
below. 

2. Warrants in excess of limit — action on. Either a school district or 
interyening tax-payers .may, where the officers refuse to act, defend an ac- 
tion to recover on warrants of the district on the ground that the same 
are in excess of the constitutional limitation, although the officers of the 
district acted in good faith in creating the debt for whicih the warrants 
were issued, and still recognize their validity. 122 Iowa, 99. 

Sec. 2820-a. Indebtedness authorized — ^amourit. Any independent 
school district containing, or contained in, any incorporated town or 
city of the second class, of three thousand or less population shall be 
allowed to become indebted, for the purpose of building and furnish- 
ing a schoolhouse or houses and procuring a site therefor, to an 
amount not exceeding in the aggregate, two and one-half per centum 
of the actual value of the taxable property, within such independent 
school district, such value to be ascertained by the last county tax list 
previous to the incurring of such indebtedness, anything contained in 
section two (2), chapter forty-one (41) of the acts of the twenty-eighth 
general assembly notwithstanding. [30 G. A., ch. 114, § 1.] 

Jn[qte: Ipimit of indebtedness, ^^ctiog 1306-b, aboy§. 



SCHOOL LAWS OF IOWA. 93 

Sec. 2820-b. Petition. Provided, that before such indebtedness 
can be contracted in excess of one and one-quarter per centum of the 
actual value of the taxable property ascertained as provided in section 
one (1) of this act, a petition signed by a majority of the qualified 
electors of such independent district, shall be filed with the president 
of the board of directors asking that an election shall be called, stat- 
ing the purpose for which the money is to be used, and the neces- 
sary schoolhouse or houses cannot be built and furnished within the 
limit of one and one-quarter per centum of the valuation. [30 G. 'V., 
eh. 114, § 2.] 

Note: Qualified electors. See section 2747. 

Sec. 2820-c. Question submitted. The president of the board of 
directors on the receipt of such petition shall within ten (10) days 
call a meeting of the board who shall call such election fixing the 
time and place thereof, and give four weeks' notice thereof by publi- 
cation once each week in some newspaper published in the said town 
or city, or if none be published therein in the next nearest town or 
city in the county. At such election the ballot shall be prepared and 
used in substantially the following form .- 

For the issuance of bonds in the sum of $ .• for School □ 

House purposes. 

Against the issuance of bonds in the sum of $ for School \~\ 

House purposes. [31 G. A., ch. 9, § 29; 30 G. A., ch. 114, § 3.] 

Sec. 2820-d. Bonds. If two-thirds or more of all the electors 
voting at such election vote in favor of the issuance of such bonds, 
the board of directors shall issue the same and make provision for 
the pajonent of the same and the interest thereon as provided in 
section twenty-eight hundred and twelve (2812) and twenty-eight 
hundred and thirteen (2813) of the code. [30 G. A., ch. 114, § 4.] 

Sec. 2813. Tax to pay bonds or money borrowed. The board of 
each school corporation shall, at the same time and in the same man- 
ner as provided with reference to other taxes, fix the amount of tax 
necessary to be levied to pay any amount of principal or interest due or 
to become due during the next year on lawful bonded indebtedness, 
which amount shall be certified to the board of supervisors as other 
taxes, and levied by them on the property therein as other school 
taxes are levied, but such tax shall not exceed five mills upon the 
dollar of the assessed valuation of such property for money borrowed 
for improvements. [27 G. A., ch. 95 ; 18 G. A., ch. 51, § 2 ; 18 G. A., 
ch. 132, § 6; C. '73, § 1823.] 

Note: It Is tlie duty of the board to certify whatever amount is neces- 
sary to pay principal and interest on bonds. 69 Iowa, 612. 

SCHOOL SITES. 

Sec. 2814. Repeal — schoolhouse sites — acquisition. Any school 
corporation may take and hold so much real estate as may be required 
for schoolhouse sites, for the location or construction thereon of 
schoolhouses, and the convenient use thereof, but not to exceed one 
acre, exclusive of public highway, except in a city, -town, or village 
it may include one block exclusive of the street or highwajr as the 



94 SCHOOL LAWS OF IOWA. 

case may be; or in districts consolidated under the provisions of 
section twenty-seven hundred and ninety-nine (2799) of the code, or 
chapter one hundred and forty-one (141) of the laws of the thirty-first 
general assembly, or in school townships holding not more than two 
school sites, may consist lof not to exceed four acres, for any one site, 
unless by the owner's consent, which site must be upon some public 
road already established or procured by the board of directors and 
shall, except in cities, towns, or villages, be at least thirty rods from 
the residence of any owner who objects to its being placed nearer, and 
not in any orchard, garden or public park. [32 G. A., eh. 153 ; C. '73, 
§§ 1825-6.] 

Notes: 1. Purchase. The board should, if possible, purchase a site. 

2. Enlarging. A site of less than one acre may be enlarged to an acre. 

3. Not include road. The acre authorized to be set apart may be so 
measured as not to include any portion of the highway. 101 Iowa, 556. 

4. Thirty rods. The cbjection of an owner living within thirty rods on 
the opposite side of a site will not prevent an addition to the site on the side 
away from the residence, so as to include an entire acre. 

5. Appeal. From an order of the board making a location of a site to be 
secured by condemnation, an appeal will lie , the same as from any other 
order of the board. 

6. Incumbered property. Property incumbered, occupied as a 'home- 
stead, or belonging to minor heirs, may be taken under the provisions of 
this section. 

7. Condemn. If the district cannot establish its claim to the school- 
house site, owing to the loss of the deed, or for other reason, and the owner 
refuses to sell or lease the site, the district may avail itself of the pro- 
visions of this and the following sections and secure a site not to exceed 
one acre. 

8. When provisions do not apply. When purchased, the provisions of 
this section do not apply. The district stands in the same relation to the 
public and to individuals, in this respect, as do other corporations, and 
may purchase whatever amount of land may be necessary for school pur- 
poses. 

9. Location. All sites taken under the provisions of these sections must 
be located on a public road, and at least thirty rods from the residence 
of the owner of tihe site so taken if he objects to its being placed nearer. 
A person not the owner of the land upon which the site is located cannot 
legally object if the site is located nearer than thirty rods from ihis resi- 
dence. In cities, incorporated towns, or villages, this prohibition does not 
apply. Decisions 86, School Laws 1892. 

10. How measured. When a site is sought to be condemned, the dis- 
tance of thirty rods mentioned in this section, is measured from the nearest 
part of the residence to the nearest part of the site, in a straight line. 

11. Rebuild. Boards may rebuild on sites without consent of owners 
of residences within thirty rods. 

12. Ten years' use. Under the Iowa statute of limitations, ten years' 
use of a highway by the public, under a claim of right, will bar the owner 
of the soil. 19 Iowa, 123. 

13. Title by prescription. If the public, with the knowledge of the 
owner of land, has claimed and continuously exercised the right of using 
the same for a public highway, for a period equal to that fixed by the 
statute for the limitation of real actions, a complete right to the highway 
thereby becomes established against the owner, unless it appears that 
such use was by favor, leave or mistake. 22 Iowa, 457. Code, section 
3004. 

14. When mortgaged. In case the land desired for a school site is under 
mortgage, the district may receive from the owner the lease of a portion 
not to exc?e4 th^' authorized amount, to be held by the digtrjct a§ long 



SCHOOL LAWS OF IOWA. 95 

as used for school purposes, and when no longer so used, to revert to the 
owner. 

15. Title. If a district is in continuous possession under claim of own- 
ership for more than ten years, it becomes the absolute owner of the fee title. 
93 Iowa, 45, and 94 Iowa, 676. 

16. Include highway — when. When land is purchased for a site, it will 
include a part of the highway on which it is situated, unless otherwise stipu- 
lated in the deed. 

17. Four acres. In consolidated corporations and school townsihips hold- 
ing not to exceed two sites, four acres may be acquired for a site. 

Sec. 2815. Condemnation. If the owner of the real estate desired 
for a schoolhouse site, or a public road thereto, refuses or neglects to 
convey the same, or is unknown or cannot be found, the county 
superintendent of the proper county, upon the application of either 
party in interest, shall appoint three disinterested referees, unless a 
less number shall be agreed upon, who shall take and subscribe an 
oath to the effect that they will faithfully and impartially discharge 
the duties laid upon them, due notice having been given by the super- 
intendent to the owner of the time and place of making the assess- 
ments of damages ais and for the length of time required for the 
commencement of actions in the district court ; such referees shall 
inspect the grounds proposed to be taken, fix the damages sustained 
as near as may be on the basis of the value of the real estate so ap- 
propriated, and report in writing to the superintendent their doings 
and findings, which report shall be filed and preserved in his office; 
and upon the amount found by the referees being deposited with the 
county treasurer, for the use of the owner, possession may at once 
be taken and the necessary building or buildings erected and occupied. 
From the assessment so made either party may appeal to the district 
court by giving notice thereof as in case of taking private property 
for works of internal improvement within twenty days after receiving 
notice of the award made. If such appeal is not taken, the assessment 
shall be final; if taken, the board may proceed with the construction 
of improvements, if the deposit hereinbefore provided has been or 
shall be made. Upon such appeal the school corporation shall not 
be liable for costs unless the owner shall be allowed a greater sum 
than given by the referees; all costs in making the referees' assessment 
to be paid by the school corporation. [C. '73, § 1827.] 

Notes: 1. Service. If personal service cannot be made, the notice must 
be published in a newspaper. If the owner of the land lives in the county, 
notice must be served on him 'at least ten days before the time set for the 
assessment of damages. If the owner or parties having an interest therein 
reside outside of the county and in the same judicial district, fifteen days' 
notice must be given. If outside of the judicial district but an the state, 
twenty days' notice. If parties live outside of the state, the notice must be 
published once a week for four consecutive weeks in some newspaper pub- 
lished in the county. Code, sections 3514-3544. Forms, 40, 41, 42, 43 
and 44. 

2. Oath to referees. The oath to the referees may not be administered 
by the county superintendent by reason of his office. Such oath may be 
administered by some one empowered in a general way to administer oaths. 
One referee may administer the oath to another referee. Code, section 
393. A district may condemn a full acre of land. 101 Iowa, 556. 

3. Opening road. If the land cannot -be procured by contract, the road 
may be established in the same manner and by the proceedings provided 



96 SCHOOL LAWS OF IOWA. 

for the establishment of highways, and when the damage has heen as- 
sessed, the district may pay the same. Sections 1482-1517. Decisions, 81. 

4. Lease — approvaL As a matter of safety, a lease should be executed 
in duplicate, one to be held by the secretary of the board, and the other 
by the lessor. The lease should be approved by the board, as in case of a 
contract, and should be filed with the secretary. 

5. Notice of appraisal. Sufficient time must be allowed between the 
appointment of this commission and the time set for appraising the damages 
to give the owner legal notice thereof. Code, sections 3517 and 3540. 

6. Compensation of referees. The referees are entitled to two dollars 
for each day's service, and ten cents per mile from their residence to the 
location of the property appraised. Code, sections 354 and 1290. 

7. Holder of tax certificate. The holder of a tax certificate on property 
sought to be condemned is an owner in such sense that he is entitled to 
notice. 50 Iowa, 663. 

8. When owner cannot be found. When the owner of land taken is 
unknown, or cannot be found, it is not necessary to print the report of 
appraisement, or to attempt other notice to said owner than the printed 
notice required by this section. It is sufficient for the county superintendent 
to send a certified copy to the board. 

9. Possession — deposit. If the board has deposited with the county treas- 
urer the amount assessed by the referees in accordance with this section, 
we think the courts would hold that the district had come into possession 
of the site, or would be entitled to the use of the road. 

10. Money deposited. The money deposited with the county treasurer 
should be held for the benefits of the owner of the fee, and not for the 
mortgagee. 

11. Value of receipt. Since the receipt of the treasurer for the money 
deposited with him for the owner of the land, may be the only evidence of 
title, such a receipt should have a full description of the property, and 
should be recorded by the county recorder. 

12. Deed not necessary. No deed or other instrument from the owner 
is required to authorize the district to occupy the land for school purposes. 
The proceedings should be recorded in full by the district secretary. 

13. Should be recorded. All deeds for school property should be re- 
corded with the county recorder, and the proceedings relating to the ac- 
quisition of such property should be recorded in full by the district sec- 
retary. 

14. Abandonment — condemnation-— damages on appeal. A district may 
abandon the improvement and decline to pay the amount assessed. 113 
Iowa, 486. 

15. Application to supervisors. When land sought to be taken for a 
road has been legally condemned, and the amount found by the referees 
has been deposited with the county treasurer, application sihould be made 
by the board to the board of supervisors for the establishment of the road 
under sections 1482-1517. 

16. Petition by electors. Petition to the board of supervisors may be 
made by the electors as individuals. 110 Iowa, 707. 

17. School property not exempt. The property of school districts in 
cities and towns is not exempt from special taxation, for improvement of 
streets and laying of sidewalks. 55 Iowa, 15 0. 

18. Road— how established. A road to the schoolhouse may be estab- 
lished in the same manner and by the proceedings provided for the estab- 
lishment of highways in general, and when the damages have been assessed, 
the district may pay the same. Sections 1482-1517. 

19. Expense intended. The expense that is intended shall be paid by 
the district is not more than that of surveying, locating and establishing 
the highway. The building of bridges and the repair of the road with the 
funds of the district would not be warranted by the law. 

20. Under control of. After a .highway has become legally established 
it is wholly and entirely under the control of the board of supervisors. 
Code, section 1482. 



SCHOOL LAWS OF IOWA. 97 

21. Private way — permissive use. The use by a non-owner of a private 
road is permissive and does not vest in him prescriptive rights in the same. 
123 Iowa, 620. 

22. Condemnation — appeal — notice. It is proper to serve notice of appeal 
on the county superintendent before whom condemnatory proceedings were 
commenced. 113 Iowa, 486. 

Sec. 2816. Reversion. In the case of non-user for school purposes 
for two years continuously of any real estate acquired for a school- 
house site it shall revert, with improvements thereon, to the owner 
of the tract from which it was taken, upon repayment of the pur- 
chase price without interest, together with the value of the improve- 
ments, to be determined by arbitration, but during its use the owner 
of the right of reversion shall have no interest in or control over the 
premises. [C. '73, § 1828.] 

Notes: 1. Reversionary clause. In case of the donation of a school- 
house site, the following reversionary clause may be appended to the deed: 
"Provided, that if, for the space of two consecutive years said premises shall 
cease to be used for school purposes, the same shall revert to the original 
donor, his heirs or assigns, without legal hindrance or expense." 

2. Receipt should describe site. Since the receipt of the treasurer for 
the money deposited with him, for the owner of the land, may be the only 
evidence of title, such receipt should have a full description of the property, 
and contain this proviso in addition to note 1 above: "Upon the repayment 
of the principal amount paid by the district, without interest, together 
with the value of any improvements thereon made by the district," and the 
receipt should be recorded by the county recorder. 

3. Wlien not non-user. When consent of county superintendent is se- 
cured to the closing of a school, the corporation may not be considered a 
non-user. See sections 2773, 2774. 

Sec. 2817. Use of barbed wire. Barbed wire shall not be used to 
enclose any school buildings or grounds, nor for any fence or other 
purpose within ten feet of any such grounds. Any person violating 
the provisions of this section shall be punished by fine not exceeding 
twenty-five dollars. [20 G. A., ch. 103.] 

Note: See also sections 2773, 2745-a and 2745-b. 

APPEAL. 

Sec. 2818. Appeal to county superintendent. Any person aggrieved 
by any decision or order of the board of directors of any school cor- 
poration in a matter of law or fact may within thirty days after the 
rendition of such decision or the making of such order, appeal there- 
from to the county superintendent of the proper county; the basis of 
the proceedings shall be an affidavit filed with the county superintend- 
ent by the party aggrieved within the time for taking the appeal, 
which affidavit shall set forth any error complained of in a plain and 
concise manner. [C. 73, §§ 1829-31; R., §§ 2133-5.] 

Notes: 1. Matters not appealable. There are many matters that may 
not properly be brought before the county superintendent on appeal. From 
time to time questions are likely to arise upon which the board should be 
governed by its best judgment, or by competent legal advice. 

2. Official opinions — jurisdiction. School officers should not express an 
official opinion upon matters entirely outside of their jurisdiction. Upon 

7 



98 SCHOOL LAWS OF IOWA. 

these subjects it is therefore useless to expect county superintendents, or this 
department, to give any other than general information, such as is pre- 
sumably already within the knowledge of those applying. 

3. Affidavit of appeal — effect of. The filing of an afladavit of appeal has 
the effect of arresting all action by the board in relation to the matter ap- 
pealed from until the appeal is disposed of. 

4. Statu quo. During the pendency of an appeal all matters must remain 
in statu quo, and this can be enforced by writ of injunction. No opinion 
relating to matters involved in an appeal will be given by this department. 

5. Afadavit. An affidavit is a written declaration sworn to before some 
oflicer authorized to administer oaths. Code, section 4673. 

6. Jurisdiction — afSdavit. A county superintendent can have no juris- 
diction of an appeal case until the affidavit has been filed. Decisions, 5. 

7. Afladavit necessary. A notice of intention to file an affidavit, a verbal 
complaint, or a petition, is not sufiicient to give the county superintendent 
jurisdiction in appeal cases. Form 45. 

8. Afadavit — contents. The affidavit should contain a statement of the 
decision complained of and its date, a statement of facts showing that the 
appellant has an interest in the decision and is injuriously affected by it, 
and the assignment of errors. Form 45. 

9. Afadavit must be clear. An affidavit of appeal, to be of any value, 
must be sufficiently clear to enable the county superintendent to call upon 
the secretary for a complete transcript of an action that must be described 
so as to be identified. 

10. Title of case. This affidavit being the first paper filed, care should 
be taken that the case is properly entitled, and this title should be pre- 
served throughout the further progress of the appeal. The date of filing 
should be indorsed upon the affidavit by the superintendent. 

11. Notice of filing — effect. When a board receives oflScial notice that 
an affidavit of appeal from its order has been filed, all action by the board 
in relation to the matter appealed from will be suspended until the decision 
in appeal has been given. 

12. Right of appeal. The right of appeal is limited to persons aggrieved 
or injuriously affected by the decision or order complained of. Decisions, 
21, 33. 

13. When barred. If a person aggrieved by a decision or order of the 
board fails to protect his rights by taking an appeal within the thirty days 
prescribed, he is barred by the statute from the remedy of appeal. 

14. Computing time. In computing time the first day shall be excluded 
and the last included, unless the last falls on Sunday, in which case the 
time prescribed shall be extended so as to include the whole of the follow- 
ing Monday. Code, section 48, subsection 23. 

15. Discretionary act — ^weight of. When the act complained of is of a 
discretionary character, the action of the board should be sustained, unless 
it is clearly shown that the board violated law, abused its discretion, or 
acted with manifest injustice. Decisions, 44, 57, 61, 66. 

16. Choice of remedies. In certain cases an aggrieved party 'has a choice 
of legal remedies. 56 Iowa, 476. 

17. Mandamus. As an appeal often consumes valuable time, mandamus 
is sometimes a more speedy as well as a better remedy, to compel the per- 
formance of an official duty. Decisions, 13, 3 9. 

18. Mandatory — Mandamus. Where the law is mandatory in requiring 
the board to act upon a petition, the remedy for its refusal is mandamus 
and not appeal. 86 Iowa, 669. 

19. Violation of mandatory law — mandamus. When a board violates a 
mandatory requirement, application by an interested party to a court for 
a writ to compel the board to act as directed by the statute is the more 
speedy and preferable remedy. 44 Iowa, 43 2; 50 Iowa, 648, and 71 Iowa, 
632. Decisions, 39. 

20. Certiorari. A writ of certiorari is never used to correct a imere 
error, but only to test the jurisdiction of the tribunal and the legality of 
its actiton. 118 Iowa, 519; 55 Iowa, 215. 



SCHOOL LAWS OF IOWA. 99 

22. Action of board defined. By an action of the board is meant a vote 
tal»en by it and made of record at a meeting legally constituted. The board 
may at any time correct mistakes in its record, or supply omissions. 

23. When no appeal. Appeal cannot be taken where the board simply 
refuses or neglects to act. 71 Iowa, 632. 

21. When appeal will lie. That an appeal may lie there must be an 
order or action by tlie board. To compel an action, appeal is not the remedy, 
but application to a court of law. Decisions, 93. 

24. Remedy in case of neglect. In case of wilful neglect or intentional 
failure to take action as intended by the law, the remedy for any party 
aggrieved is application to a court for a writ to require the board to consider 
and act upon the important matter brought to its attention. And its order 
when made of record will then be subject to be made the basis of an appeal. 

25. Complete record. If desirable to clear the record, or to make a mat- 
ter plain beyond question, sometimes the board may re-enact all its former 
transactions with regard to the matter involved. If it is supposed that the 
board took an action which purposely was not made a matter of record, 
it may ;be compelled by an order of court to complete its record. 

26. Initiatory step — no appeal. No appeal may be taken from the action 
of the board taking the initiatory step, while it requires the concurrence 
of another board to complete the action. The concurrence or refusal of 
the second board is the order from wlhich an appeal may be taken. Note 
13 to section 2802. 

27. To lay on table. An appeal may be taken from an action of the 
board to lay a petition on the table. Decisions, 101. 

28. Jurisdiction de novo. In an appeal to the county and state super- 
intendent of public instruction, from the action of the board fixing bound- 
aries, the superintendents have jurisdiction de novo, and can enter any 
order that the board could have made in the matter. 110 Iowa, 652; 95 
Iowa, 300; 69 Iowa, 161. For contrary opinion see Jos. Doubet vs. Ind. 
Dist. Clearfield, 111 N. W., 326. 

29. Discharge — effect of appeal. An appeal to the county superintendent 
settles conclusively the wrongfulness of the teacher's discharge, though 
such appeal was determined on the ground that plaintiff ihad not been given 
a hearing before the board of directors, and not on the merits of the case. 
110 Iowa, 313. 

30. Burden of proof. In a trial before the county superintendent on an 
appeal from an action of the board discharging a teacher, the burden of 
proof is on the board. Decisions, 116. 

31. Review of actions of boards. While the review of the action of a 
school board with reference to a matter within its jurisdiction is by appeal 
to the county superintendent, yet the question of whether the board had 
power to make a certain rule for the government of the schools, can be 
reviewed by the court in a mandamus proceeding. 129 Iowa, 441. 

32. Discretionary acts — appeal. When a county superintendent is exer- 
cising a discretionary act the courts will not interfere and any abuse of 
discretion must 'be remedied on appeal. 110 Iowa, 3 0. See also 93 Iowa, 
269. 107 Iowa, 29, differs. 

33. Notice of appeal — on whom served. Notice served on the president 
of the board is held to be sufficient. 113 Iowa, 486. 

34. Expediency — review of. A question of expediency cannot be re- 
viewed by certiorari. 61 Iowa, 334. 

35. Appeal — ^when necessary. Before an action for damages may be 
maintained, the wrongfullness of the discharge must be determined by appeal. 
Section 2 782, 53 Iowa, 585. See note 29. But the remedy of one dis- 
charged on the ground of illegality of contract is by an action in court. 107 
Iowa, 29. 

Sec. 2819. Hearing and decision. The county superintendent 
shall, within five days after the filing of such affidavit in his office, 
notify the secretary of the proper school corporation in writing of 
the taking of such appeal; the latter shall, within ten days after 
being thus notified, file in the office of the county superintendent a 



100 SCHOOL LAWS OF IOWA. 

complete transcript of the record and proceedings relating to the de- 
cision complained of, which transcript shall be certified to be correct 
by the secretary; after the filing of the transcript aforesaid the 
county superintendent shall notify in writing all persons adversely 
interested of the time and place where the matter of the appeal will 
be heard by him. At the time fixed for the hearing he shall hear 
testimony for either party, and he shall make such decision as may be 
just and equitable, which shall be final unless appealed from as here- 
inafter provided. [C. '73, §§ 1832-4; R., §§ 2136-8.] 

Notes: 1. Notice of appeal. The notice should describe the decision or 
order appealed from, so that it may he identified, and should require the 
district secretary to file the transcript with the superintendent within the 
time specified. The notice may be served personally or sent by mail. 
Form 46. 

2. Secretary's transcript. The secretary shall make and forward a tran- 
script or copy of the record of all actions of the board relating to the 
decision or order appealed from; also of all petitions, remonstrances, plats, 
and other papers pertaining thereto. The original papers must be pre- 
served with the district records. Form 47. 

3. Basis of appeal. The basis of an appeal is the recorded action of the 
board. If the secretary certifies that there is no record of an action by 
the board in any such imatter as is described in the notice for a transcript, 
then it will be impossible to carry forward the appeal. Notes 22 to 24, 
section 2818. 

4. Effect of delay in filing transcript. A failure to file the transcript 
will not affect the proceedings in any other way than to cause delay. The 
secretary will take the risk of censure by a court for failure to attend to 
his ofiicial duty. Decisions, 34, Laws of 1897. 

5. Date of hearing. The time to elapse between the filing of the tran- 
script and the hearing of the appeal is not fixed by the statute. This is left 
to the county superintendent to determine. 

6. Notice of hearing. Notice of the time and place of hearing should 
be given to the appellant, to the secretary of the board, and to any other 
persons known to be directly interested. The notices may be served per- 
sonally or sent by mail. Form 48. 

7. Notice — to whom sent. The appellant, the president, the secretary of 
the board, and other parties known to be directly interested, should receive 
a copy of this notice. 

8. Date of filing — ^indorsement. The date of filing every paper should 
be indorsed thereon; also in the case of motions, orders and rulings of the 
county superintendent. All oral motions and an abstract of the testimony 
should be reduced to writing at the time of trial. 

9. Docket. The docket or minutes of the superintendent should com- 
mence by noting the filing of the affidavit. He will afterward, as the acts 
transpire, record the sending of the notice of appeal to the district secre- 
tary, the filing of the transcript, the sending of notices of the hear- 
ing, and any adjournment of the case that may be granted. At the 
trial he will carefully note down the names of all parties appearing, and 
their postoffice address, and whether they appear for or against the appeal; 
also, the filing of all papers and names of witnesses, and in whose behalf 
such papers or witnesses are introduced. The decision of the superintendent 
will form an appropriate close of his minutes. 

10. Under oath. All evidence must be given under oath, and the sub- 
stance reduced to writing at the time by the county superintendent. It is 
recommended that a summary of what each witness testifies be made, read 
to the witness, and signed by him. It is of the first importance that the 
record of the testimony be full and accurate, as the decision of the county 
superintendent, also of the superintendent of public instruction, in case 
the appeal is carried up, must be based upon the record of evidence intro- 
duced. This testimony should be preserved with the other papers of the case. 



SCHOOL LAWS OP IOWA. 101 

11. Introduction of evidence. While the county superintendent will not 
be prevented from entertaining and considering testimony not before the 
board, the general rule and practice should be to attempt to confine the 
hearing as far as practicable to the matters considered by the board and 
to the facts, statements, and testimony, that were within the possession of 
the board at the time the action complained of, which is being reviewed 
by the county superintendent, was taken. 

12. Preserving order. In case of disturbance or interruption during the 
trial of an appeal before a county superintendent, as he is not invested with 
complete judicial power, he has only the ordinary remedy of complaint 
to the proper authorities. Code, section 5033. 

13. Call witness. Tihe county superintendent may upon his own motion 
call any witness to the stand and have his testimony taken. 

14. Technicalities. While mere technicalities should not be permitted 
to prevent the attainment of justice, it is proper that as to evidence and 
practice the superintendent should be governed by many of the rules which 
ordinarily obtain in courts. 

15. Question to be determined. The leading question to be determined 
by the county superintendent is whether in making the decision or order 
complained of, the board committed error to such an extent as to require 
a reversal. 

16. Discretionary acts — weight of. Acts of a board purely discretionary 
in their nature should be given great weight. To warrant a reversal, posi- 
tive error must be found, and such error must appear clearly in the testi- 
mony. 

17. Remanding. When an appellate tribunal is unable to decide an appeal 
because the testimony is insufficient or the transcript of the action of the 
board is incomplete, and the facts are not sufficiently shown to determine 
what should be done, the case may be remanded for a new trial, or for 
further action by the board. ■ 

18. Report of decision. To those interested in the issue of an appeal 
the county superintendent should send a statement of the result; that is, 
whether the order of the board was affirmed or reversed. 

19. Stenographer — evidence. The expense of a stenographer should not 
be incurred unless the parties to the case provide for defraying it. An 
abstract of the testimony of each witness should be made and should be 
signed by him before he is excused. See note 3, section 2821. 

20. Decision — jurisdiction. Section 2818, notes 27 to 34. 

Sec. 2820. Appeal to state superintendent — no money judgment. 

An appeal may be taken from the decision of the county superintendent 
to the superintendent of public instruction in the same manner as pro- 
vided in this chapter for taking appeals from the board of a school cor- 
poration to the county superintendent, as nearly as applicable, except 
that thirty days' notice of the appeal shall be given by the appellant to 
the county superintendent, and also to the adverse party. The de- 
cision when made shall be final. Nothing in this chapter shall be 
so construed as to authorize either the county or state superintendent 
to render judgment for money; neither shall they be allowed any 
other compensation than is now allowed by law. All necessary postage 
must first be paid by the party aggrieved. [C. '73, §§ 1835-6; E., §§ 
2189-40.] 

Notes: 1. Appeals — manner of conducting. Appeals to the superin- 
tendent of public instruction are conducted in the same ndanner and gov- 
erned by the same rules, so far as applicable, as appeals to county super- 
intendents. The basis of appeal must be an affidavit filed in the office of the 
superintendent of public instruction, within thirty days from the date of 
the decision appealed from. 



102 SCHOOL LAWS OP IOWA. 

2. Notice to county superintendent. Upon the filing of an affidavit the 
superintendent of public instruction will notify the county superintendent 
to forward a transcript of the papers in the case within thirty days. The 
original papers must be preserved on file in the county superintendent's 
office. 

3. County superintendent's transcript. When an appeal is taken to the 
superintendent of public instruction, the county superintendent must have 
a copy of the testimony and of his docket prepared. It is very desirable 
that this transcript should be in typewritten work. 

4. Wliat included. The transcript of the county superintendent will 
consist of a literal copy of every paper filed and all indorsements thereon, 
together with a copy of all testimony given, the whole arranged in chrono- 
logical order, closing with the decision of the county superintendent in full, 
with the certificate annexed. Form 49. 

5. Transcript — a copy. The transcript in an appeal is supposed to be 
an exact copy of the papers and testimony in the case, preserved on file in 
the office of the county superintendent. Any one interested may claim the 
privilege of examining the original records in the case, at any proper time. 

6. Expense of stenographer. It is obvious that the county superintendent 
himself should not be expected to pay for having a typewritten transcript 
of the record made in an appeal to the superintendent of public instruction. 
Expenses of tihis character, closely connected by law with the work of the 
county superintendent's office, should be paid for by the board of super- 
visors in the same manner that assistance is furnished to other county 
officers when needed. 

7. Notice. The law requires that the appellant shall give thirty days' 
notice to the county superintendent, and also to the adverse party, of the 
taking of the appeal. This notice should be served as soon as the affidavit 
of appeal has been filed and proof of such service should be filed with the 
affidavit. The time for final hearing of the appeal will be fixed by the 
superintendent of public instruction, and may be at any time after thirty 
days from the filing of the affidavit. 

8. Appearance. At the hearing, parties interested may appear person- 
ally or by attorney, and argue their cases orally if they desire, or they may 
send arguments in writing or if possible, in typewriting. 

9. Sourre of data. The record of the case in the office of the county 
superintendent, which is a public record and open to examination by parties 
interested, will furnish all needed data, where access to transcript sent up 
is inconvenient. 

10. Original evidence. The superintendent of public instruction will not 
hear original testimony in cases submitted to him. Decisions, 50, Laws 
of 1897. 

11. Revocation of certificate — appeal. Any person aggrieved by the action 
of a county superintendent revoking a certificate may appeal to the super- 
intendent of public instruction, provided such appeal is taken within ten 
days from the mailing of the notice of revocation. Section 2734-u. 

12. Decision — enforcement. A person in whose favor an appeal is de- 
cided has the remedy of a writ of mandamus from a court of law to enforce 
the decision of appeal. 69 Iowa, 53 3, and 72 Iowa, 379. 

13. Decision final. A decision in appeal by a county superintendent or 
the superintendent of public instruction is final in the sense that no court 
will attempt to review or set aside such a decision if the matters included are 
clearly within the jurisdiction of such school officers. 69 Iowa, 533, and 
110 Iowa, 652. 

14. When board may take different action. An appeal decision does not 
always prevent the board from acting anew upon the matters involved in 
the appeal. If the order of a board is affirmed the board will be left free 
to take any action thought best by it; that is, it will have the same freedom 
to act that it would have if no appeal had been taken. 

15. Mandamus. Until the board has taken a different action no doubt 
mandamus will be a remedy to compel the board to carry into effect the 
appeal decision and the former action of the board. 

16. Remanding. If it is shown conclusively that a transcript is mate- 
rially defective, that valuable testimony heard upon the trial before the 



SCHOOL LAWS OF IOWA. 103 

county supermtendent is not included in tlie transcript, or that testimony 
wtiicli should not have been omitted was excluded, an appeal case may be 
remanded to the county superintendent for another trial. 

17. Reversing a reversal — effect. When the decision of the county su- 
perintendent on appeal, reversing the order of the board, is reversed by 
the superintendent of public instruction on the appeal to him, the effect 
of the last decision, which is final, is to affirm the original order made 
by the board, and the result of this is to leave the matter as entirely in the 
hands of the board as though no appeal had ever been taken from its action. 
Decisions, 57. 

18. Affirming a reversal — effect. But if the county superintendent re- 
verses an order of the board and the superintendent of public instruction 
affirms the decision of the county superintendent, such decision will prevent 
the board from taking any action in the matter until some material change 
occurs, rendering such a new action necessary. Decisions, 40, 74. 

19. Postage. Payment for postage in advance will be required with the 
affidavit. It is impossible to tell what amount of postage will be needed 
in each case, and one dollar will be required to cover all needed postage. 
If the dollar does not accompany the affidavit, the filing will be delayed 
until the amount is received. 

2 0. Material change of conditions — different action. A material change 
of conditions in a corporation may warrant a board of directors in taking 
action different from that ordered by the county superintendent or superin- 
tendent of public instruction on appeal. Doubet v. Board of Directors, 111 
N. W., 326. See also 70 Iowa, 338. Decisions 44. 

21. Witnesses — fees. Section 2821 below. 

Sec. 2820-a to 2820-d. Indebtedness authorized — bonds. Following 
section 2812-f and 1306-b. See page 92. 

Sec. 2820-e to 2820-h. Consolidation in cities of fifty thousand or 
more. Following section 2794-a. See page 76. 

Sec. 2821. Witnesses — fees. The county superintendent in all 
matters triable before him shall have power to issue subpoenas for 
witnesses, which may be served by any peace officer, compel the at- 
tendance of those thus served, and the giving of evidence by them, 
in the same manner and to the same extent as the district court 
may do, and such witnesses and officers may be allowed the same 
compensation as is paid for like attendance or service in such court, 
which shall be paid out of the contingent fund of the proper school 
corporation, upon the certificate of the superintendent to and warrant 
of the secretary upon the treasurer; but if the superintendent is of 
the opinion that the proceedings were instituted without reasonable 
cause therefor, or if, in case of an appeal, it shall not be sustained, 
he shall enter such findings in the record, and tax all costs to the 
party responsible therefor. A transcript thereof shall be filed in the 
office of the clerk of the district court and a judgment entered there- 
on by him, which shall be collected as other judgments. 

Notes: 1. CJo'sts — includes what. The term costs includes only witness 
fees and fees to officers for the service of subpoenas. Fees cannot be 
allowed to any witness unless such witness is subpoenaed by the county 
superintendent. Decisions, 109. 

2. Filing transcript. When*an appeal is taken from the decision of the 
county superintendent that officer should not file his transcript of costs 
with the clerk of courts until the case is finally determined by this depart- 
ment. Bond for costs cannot be required. Decisions, 98. 

3. Stenographer— expense of. The expenses of a stenographer cannot 
be taxed as a part of the costs. There is no authority in law to employ a 



104 SCHOOL LAWS OP IOWA. 

stenographer and tax the expenses of such stenographer as costs in an appeal 
case. Opinion of attorney-general, 1899. 

4. Rehearing — costs. Section 2821 does not pl^ovide for the payment of 
costs or expenses in case of a rehearing on the question of issuing a certifi- 
cate. 

Sec. 2822. Penalties. Any school officer wilfully violating any 
provision of this chapter, or wilfully failing or refusing to perform 
any duty imposed by law, shall forfeit and pay into the treasury of 
the particular school corporation in which the violation occurs the 
sum of twenty-five dollars, action to recover which shall be brought 
in the name of the proper school corporation, and be applied to the 
use of the schools therein. [C. '73, §§ 1746, 1786; E., §§ 2047, 2081; 
C. '51, § 1137.] 

Sec. 2823. Provisions apply to all corporations — issuance of bonds. 
The provisions of this chapter shall apply alike to all districts, except 
when otherwise clearly stated, and the power given to one form of cor- 
poration, or to a board in one known corporation, shall be exercised by 
the other in the same manner, as nearly as practicable. But school 
boards shall not incur original indebtedness by the issuance of bonds 
until authorized by the voters of the school corporation. 

Note: What included. The chapter referred to in this section includes 
everything contained in the school laws from section 2743 to section 2823-t 
inclusive. 

COMPULSORY ATTENDANCE. 

Sec. 2823-a. Duties of parents or guardians — penalty. Any person 
having control of any child of the age of seven (7) to fourteen (14) 
years inclusive, in proper physical and mental condition to attend school, 
shall cause such child to attend some public, private, or parochial school, 
where the common school branches of reading, writing, spelling, arith- 
metic, grammar, geography, physiology, and United States history are 
taught, or to attend upon equivalent instruction by a competent teacher 
elsewhere than school, for at least sixteen (16) consecutive school weeks 
in each school year, commencing with the first week of school after the 
first day of September, unless the board of school directors shall deter- 
mine upon a later date which date shall not be later than the first Monday 
in December. Provided, that this section shall not apply to any child 
who lives more than two (2) miles from any school by the nearest 
traveled road except in those districts in which the pupils are transported 
at public expense, or who is excused for sufficient reasons by any court 
of record or judge thereof. Any person who shall violate the provisions 
of this section shall be guilty of a misdemeanor, and upon conviction 
thereof shall pay a fine of not less than three ($3) dollars nor more than 
twenty ($20) dollars, for each offense. [30 G. A., ch. 116, § 1; 29 G. 
A., ch. 128, § 1.] 

Note: Seven to fourteen, inclusive — leaning. The language of the 
section "to fourteen years" cannot be construed to extend beyond the time 
when the child becomes fourteen years of age. The word "inclusive" follow- 
ing clearly applies to the time intervening between the ages of seven and 
fourteen years. * * * j a,m therefore of the opinion that the word 
"inclusive," as used in the section, does not extend the period during which 
a child can be compelled to attend school beyond the time he becomes four- 
teen years of age. Report of attorney general, 1904, page 95. 



'' " SCHOOL LAWS OP IOWA. 105 

Sec. 2823-b. Reports to secretary. Upon notice from the secretary 
of the school corporation within which such school is conducted, it shall 
be the duty of' each principal of each private or parochial school, once 
during each school year, and at any time when requested in individual 
cases, and within ten days from the receipt of such notice, to furnish to 
such secretary a certificate and report of the names, ages and attendance 
of the pupils in attendance at such school during the preceding year 
and from the time of the last preceding report to the time at which a 
report is required and any person having the control of any child be- 
tween seven and fourteen years of age inclusive, wlio shall place the 
same under private instruction, not in a regularly conducted school, upon 
receiving notice from the secretary of the school corporation, shall fur- 
nish a like certificate stating the name and age of such child and the 
period of time during which said child has been under said private in- 
struction; and any person having the control of such child who is phys- 
ically or mentally unable to attend school, public or private, shall furnish 
proofs by affidavit or affidavits as to the physical or mental condition of 
such child. All such certificates, reports and proofs shall be filed and 
preserved in the office of the secretary of the school corporation as a 
part of the records of his office. [29 G. A., ch. 128, § 2.] 

Sec. 2823-c. Certified copies. It shall be the duty of the secretary 
of the school corporation to furnish to any' person interested, where so 
requested, certified copies of all certificates contemplated by this act, on 
file in his office. [29 G. A., ch. 128, § 3.] 

Sec. 2823-d. Truant schools. The board of directors of any 
school corporation may establish truant schools, or set apart separate 
rooms in any public school building, for the- instruction of children who 
are habitually truant from instruction, as contemplated by this act. 
Such directors may provide for the confinement, maintenance, and in- 
struction of such children in such schools, under such reasonable rules 
and regulations as they may prescribe. If any child, committed or sent 
to the truant school shall prove insubordinate and escape from such 
school during school hours, or absent himself or herself therefrom with- 
out the consent of the persons in charge thereof, then it shall be the duty 
of the person in charge of said school with the consent of the parent or 
guardian to file information before the judge of a court of record, who 
may, if the charge be found to be true and the said child be habitually 
vagrant, disorderly, or incorrigible commit such child to one of the in- 
dustrial schools of the state, under the same proceeding as is provided 
by section twenty-seven hundred eight (2708) of the code so far as the 
same may be applicable. [29 G. A., ch. 128, § 4.] 

Sec. 2823-e. Truant officers. The board or directors of each school 
corporation may, and in school corporations having a population of 
twenty thousand (20,000) or more shall, at their annual meeting in 
each year, appoint one or more truant officers, who shall serve for one 
year, and who may be a constable or a member of the police force, whose 
duty it shall be to report violations of this act to the secretary of the 
school corporation, and see to the enforcement of the provisions of this 
act. It shall be the duty of said truant officer or officers to apprehend 
and take into custody without warrant any child of the age of seven 



106 SCHOOL LAWS OF IOWA. 

(7) to fourteen (14) years inclusive, who habitually frequents or loiters 
about public places during school hours without lawful occupation, or 
cannot produce a certificate as provided in section two (^) hereof, also 
any truant child who absents himself or herself from school, and place 
him or her in charge of the teacher having charge of any school, which 
said child is entitled to attend, and which school may be designated to 
said officers by the person having legal control of such child : Provided, 
however, in case the school so designated by the parent or person having 
the care and control of said child be a public school it shall be such as 
directed by the rules and regulations of the school board and the statutes 
of the state, and if other than a public school, the maintenance of said 
child in such school shall be without expense to the school corporation 
or state. Upon failure of such child to properly attend or when on 
report of the teacher having the custody of such child, said child is 
shown to not properly conduct itself in the school where placed as herein 
provided, the child may be removed therefrom by the board of directors 
and placed either in a public school or a truant school conducted in said 
district. The truant officer or officers shall be entitled to such compen- 
sation for service rendered under this act, as shall be fixed by the board 
of directors appointing him or them, which compensation shall be paid 
from the contingent fund of said district. [30 Gr. A., eh. 116, § 2 ; 29 
G. A., eh. 128, § 5.] 

Sec. 2823-f, Enforcement. It shall be the duty of the director 
or president of any board of directors, or any truant officers appointed 
by such board of directors, to enforce the provisions of this act, to sue 
for and recover the penalties herein provided, and to institute criminal 
prosecution against any person violating the provisions of this act, and 
any such officers neglecting to do so within thirty (30) days after a 
written notice has been served upon him by any citizen of said district 
or the county superintendent of the county within which the offending 
person shall reside, shall himself be liable for a fine of not less than ten 
($10) dollars nor more than twenty ($20) dollars for each offense. [32 
G. A., ch. 154; 29 G. A., eh. 128, § 6.] 

Sec. 2823-g. Teachers and school officers — duties. All teachers of 
the public schools of the state, and county superintendents, and school 
officers and employes shall promptly report to the secretary of the school 
corporation any violations of the provisions of this act, of which they 
have knowledge or information, and he shall promptly inform the presi- 
dent of the board of directors thereof and such president shall, if neces- 
sary, call a meeting of the board of directors to take such action thereon 
as the facts shall justify, and any child placed in any truant school may 
be discharged therefrom at the discretion of the board, upon sufficient 
assurance of the future good conduct of such child. [29 G. A., ch. 128, 
§7.] 

Sec. 2823-h. Provisions for punishment. The board of directors 
of every school corporation is hereby authorized to provide such reason- 
able methods of punishment of children who are habitually truant from 
school, or who habitually frequent or loiter about public places during 
school hours without lawful occupation, as may be necessary to carry 
out and make effeetual the provisions of this act. [29 G. A., ch. 128, § 8.] 



SCHOOL LAWS OP lOWA. 107 

Sec. 2823-i. S.liocl ce:-ii-. It shall be the dn'.y of all officers, em- 
powered to take the school census, to ascertain the number of children 
oi the ages of seven (7) to fourteen (14) years, inclusive, in their respec- 
tive districts, the number of such children who do not attend school, and 
so far as possible, the cause of failure to attend school. [29 G A ch 
128, § 9.] 

SCHOOL LAWS— SALE. 

Sec. 2823-j. County auditors — ^requisition — duplicate receipts. On 

or before the 15th day of November of each year, the auditor of each 
county shall make an estimate of the number of copies of the school laws 
of Iowa as will, in his judgment, be required to supply the demand for 
such laws in his county, in addition to the number of copies of said school 
laws furnished by the state as provided for in section 2624, chapter 1, 
title 13 of the code. The county auditor shall transmit his estimate to 
the superintendent of public instruction, together with a requisition for 
the number of copies required. On receipt of the requisition the super- 
intendent of public instruction shall forward to the county auditor the 
number of copies named in the requisition. On receipt of the copies 
transmitted to him, the county auditor shall execute receipts therefor in 
duplicate, one of which he shall immediately transmit to the superin- 
tendent of public instruction and the other to the state auditor. [27 G. 
A., ch. 90, § 1.] 

Sec. 2823-k. Sale price. The county auditor shall keep for sale 
at his office in the court house of the county, copies of the school laws 
of the state of Iowa, which he shall receive in the manner hereinbefore 
provided, at a price not to exceed twenty (20) cents per copy of such 
laws, bound in paper and not to exceed 30 cents per copy of such laws 
bound in cloth and pay the proceeds of such sales into the county treasury 
on or before the 15th day of November of each year. [27 G. A., ch. 90, 
§2.] 

Sec. 2823-1. Statement of copies sold. The said county auditor 
shall also on or before the 15th day of November of each year, make out 
in writing under oath, a statement of the number of copies sold by him 
and not before accounted for, and the number remaining on hand and 
the amount paid to the county treasurer, and transmit such statement 
to the auditor of state, who shall charge the county treasurer with such 
amount, and the superintendent of public instruction shall certify to the 
state auditor the number of copies transmitted to each county auditor 
and the state auditor shall charge each county auditor therewith, and 
subsequently credit him with such as may be sold or otherwise lawfully 
disposed of. [27 G. A., ch. 90, § 3.] 

Sec. 2823-m. Copies delivered to successor. When the county audi- 
tor goes out of office, having any such copies remaining, he shall deliver 
them to his successor, taking his receipt therefor in duplicate, one of 
which shall be sent to the state auditor which shall be his sufficient dis- 
charge for the same. [27 G. A., eh. 90, § 4.] 



108 SCHOOL LAWS OF IOWA. 

LIBRARIES. 

Sec. 2823-n. Library fund. The treasurer of each school township 
and each rural independent district in this state shall withhold annually, 
from the money received from the apportionment for the several school 
districts, not less than five nor more than fifteen cents, as may be ordered 
by the board, for each person of school age residing in each school cor- 
poration, as shown by the annual report of the secretary, for the pur- 
chase of books as hereinafter provided. When so ordered by the board 
of directors, the provisions of this section shall apply to any independent 
district. [28 G. A., ch. 23, § 1.] 

Notes: 1. Mandatory. It is mandatory upon the treasurer in each school 
township and each rural independent district to withhold from the appor- 
tionment each year a certain number of cents for each person between the 
ages of 5 and 21 years, for the purchase of library books. 

2. Amount withheld. The amount withheld, annually, for each person, 
may not exceed fifteen cents, nor be less than five cents. The exact amount 
per pupil is left to the discretion of the board of directors, and may vary 
from one year to another. In determining the amount the board should 
consider the special needs of the district. 

3. Contingent fund. Under section 2783, the board may use the con- 
tingent fund to purchase dictionaries, library books, maps, charts, and ap- 
paratus, to an amount not exceeding twenty-five dollars in any one year 
for each schoolroom under its charge. 

4. When apply to city and town districts. The provisions of the law 
apply to independent districts having cities, towns, and villages, only when 
so ordered by the board of directors. Independent districts without libraries 
should avail themselves of the benefits of the law. 

5. Schoolhouse fund. The electors may vote schoolhouse fund for the 
purchase of library books. Section 2749. 

Sec. 2823-0. Purchase of books — distribution. Between the third 
Monday of September and the first day of December in each year the 
president and secretary of the board, with the assistance of the county 
superintendent of schools, shall expend all money withheld by the treas- 
urer as provided in section one of this act, in the purchase of books 
selected from the lists prepared by the state board of educational ex- 
aminers as hereinafter provided, for the use of the school district; in 
school townships the secretary shall distribute the books thus selected to 
the librarians among the several subdistricts, and at least semi-annually 
collect the same and distribute others. [28 Gr. A., ch. 23, § 2.] 

Notes: 1. Use of library fund. The money withheld by 'the treasurer 
cannot be used for any purpose except the purchase of books. All expenses 
such as freight charges, express, postage, exchange, library cases, and record 
books, should be paid from the contingent fund. 

2. Listing — inspecting. The county euperintendents in visiting schools 
should carefully inspect the library to see that it is properly kept; that the 
books are properly listed and labeled, and that the teachers know the best 
use to make of it. 

Sec. 2823-p. State board of educational examiners to prepare list 
of books. It is hereby made the duty of the state board of educational 
examiners to prepare annually or biennially lists of books suitable for 
use in school district libraries, and furnish copies of such lists to each 
president, secretary, and each county superintendent, as' often as the 
same shall be published or revised, from which lists the several presi- 
dents and secretaries and county superintendents shall select and pur- 
chase books. [28 G. A., ch. 23, § 3.] 



SCHOOL LAWS OF IOWA. 109 

Note: What may be purchased. It is illegal to purchase books or 
editions not included in the list recommended by the state board of ex- 
aminers. 

Sec. 2823-q. Record book. It shall be the duty of each secretary 
to keep in a record book, furnished by the board of directors, a complete 
record of the books purchased and distributed by him. [28 G. A., ch. 
23, § 4.] 

Sec. 2823-r. Librarian. Unless the board of directors shall elect 
some other person, the secretary in independent districts and director in 
subdistricts in school towiiships shall act as librarian and shall receive 
and have the care and custody of the books, and shall loan them to 
teachers, pupils, and other residents of the district, in accordance with 
the rules and regulations prescribed by the state board of educational 
examiners and board of directors. Each librarian shall keep a complete 
record of the books in a record book furnished by the board of directors. 
During the periods that the school is in session the library shall be placed 
in the schoolhouse, and the teacher shall be responsible to the district for 
its proper care and protection. The board of directors shall have super- 
vision of all books and shall make an equitable distribution thereof among 
the schools of the corporation. [28 G. A., -ch. 23, § 5.] 

Notes: 1. Librarian — duties of. Much of the success of the library 
work will depend upon the librarian, and it is urged that great care be 
taken in making the selection. 

2. Library free. The library is free to all pupils of suitable age, teachers 
and residents of the district, and the librarian shall loan the books to them 
in accordance with the rules and regulations prescribed by the state board 
of educational examiners, and the board of directors. 

3. Where kept. The library must be kept in the schoolhouse during the 
term of school. At other times it is placed under the control of the' librarian. 

4. Transfer to successor. Each school officer, upon the termination of 
his term of office, shall immediately surrender to his successor all books, 
papers, and imoneys pertaining or belonging to the office, taking a receipt 
therefor. Oode, section 2770. 

VOCAL MUSIC. 

Sec. 2823-s. Instruction in vocal music authorized. That the ele- 
ments of vocal music, including when practical the singing of simple 
music by note, be taught in all of the public schools of Iowa, and that 
all teachers teaching in schools where such instruction is not given by 
special teachers be required to satisfy the county superintendent of their 
ability to teach the elements of vocal music in 'a proper manner. Pro- 
vided, however, that no teacher shall be refused a certificate or the grade 
of his or her certificate lowered on account of lack of ability to sing. 
[28 G. A., ch. 109, § 1.] 

Note: Music required. For a first grade certificate, section 2734-d; for 
a second, section 2734-h, note 1; for a third, section 2734-i, note 1. 

Sec. 2823-t. Normal institute. That it shall be the duty of each 
county superintendent to have taught annually in the normal institute 
the elements of vocal music. [28 G. A., ch. 109, § 2.] 



110 SCHOOL LAWS OF IOWA. 

TEXT-BOOKS— ADOPTION — PURCHASE — LOANING. 

Sec. 2824. Adoption — contract — agent. The board of directors of 
each and every school corporation in the state of Iowa is hereby author- 
ized and empowered to adopt text-books for the teaching of all branches 
that are now or may hereafter be authorized to be taught in the public 
schools of the state, and to contract for and buy said books and any and 
all other necessary school supplies at said contract prices, and to sell 
the same to the pupils of their respective districts at cost, and said 
money so received shall be returned to the contingent fund. The books 
and supplies so purchased shall be under the charge of the board, who 
may select one or more persons within the county to keep said books 
and supplies for sale, and, to insure the safety of the books and moneys, 
the board shall require of each person so appointed a bond in such sum 
as may seem to the board to be desirable. [25 G-. A., ch. 35 ; 23 G. A., 
ch. 24, §§ 1, 2.] 

Notes: 1. Term of contract. There is nothing in this and the following 
sections from which it can be inferred that a contract must be entered into 
for five years. The law does not attempt to fix an exact limitation as to the 
time for which a contract should be made. It seems to be the intent of 
the law that the board of directors or the county board of education should 
carefully avoid making a contract which might have the effect of binding 
its successors in office. 

2. Books must be used. It is within the power of any board to forbid 
the use of other books than those adopted for the district, and to provide 
by rule or regulation that scholars persistently and continuously refusing 
to conform to such regulation shall be refused instruction until they comply 
with the rule. Teachers failing to regard a rule or direction of the board 
that instruction be given from no other books than those legally in use, 
take the risk of being cited for trial under section 2782. 

3. Cost — how construed. The word cost, in this section, should be under- 
stood to mean contract price. Any extra expense connected with securing 
the books should not be added to their purchase price, but should be paid 
from the contingent fund, upon separate orders. In this way the cost to 
the purchaser will agree with the contract price, and uniformity in cost 
for the same book will obtain all over a large district having several selling 
places, and will also be common in many districts and counties, while the 
extra expense for handling, drayage, storage, etc., may differ somewhat in 
connection with each different person selected to keep the books for sale. 

4. Other necessary school supplies. We think the words any and all 
other necessary school supplies are intended to include only such articles 
as it is customary for parents to purchase for the use of their children in 
school work. For instance, globes and charts have not been furnished by 
the children. They cannot be bought with the money of the district, resold, 
and the money returned to the contingent fund as directed by the law. 

5. Text -books included. Text-books of every variety, in all classes and 
grades, and all kinds o-f supplies usually purchased 'by the ohildren for 
use in the schools for the purpose of instruction, may be purchased under 
this act. 

6. Responsibility of board. It is evidently not the intention to impose 
a hardship upon the person wiho keeps the books and supplies for sale, but 
simply to guard the district against possible loss. The board is not to be 
considered as released in the slightest decree from its obligation, under the 
general law, to protect the funds. The bond is required for additional pro- 
tection. Form 50. Nor will the fact that the board requires a bond from 
another person in any way release the treasurer from his absolute responsi- 
bility for all funds of the district coming into his hands, from whatever 
source. 

7. Contracts made conditional. In order to avoid a possible misunder- 
standing, every contract should be made subject to the action of the electors 
as provided for in section 2829. 



SCHOOL LAWS OF IOWA. Ill 

8. Adoption of text-books — contract. See McNees vs. School Townsliip 
of East Rive^, Page County, 110 N. W., 325. 

Sec. 2825. Use of contingent fund — additional tax. All the books 
and other supplies purchased under the provisions of this chapter shall 
be paid for out of the contingent fund, and the board of directors shall 
annually certify to the board of supervisors the additional amount neces- 
sary to levy for the contingent fund of said district to pay for such books 
and supplies. But such additional amount shall not exceed in any one 
year the sum of one dollar and fifty cents for each pupil residing in the 
school corporation, and the amount so levied shall be paid out on war- 
rants drawn for the payment of books and supplies only, but the district 
shall contract no debt for that purpose. [25 G. A., ch. 35 ; 23 G. A., ch. 
24, § 2.] 

Notes: 1. Contingent fund — use of. Any contingent fund on hand naay 
be used to purchase books and supplies. As the proceeds from sales must 
be returned at once to the contingent fund, no large additional amount will 
ordinarily be needed to enable the average district to secure books and 
supplies under this law. 

2. Contingent fund^-estimate for. When the board is estimating the 
levy for the contingent fund, it may include in the estimate an amount 
needed to pay any necessary expense connected with securing the books. 

3. Orders audited. All payments under this chapter must be made in 
strict accordance with the other provisions of law governing the disburse- 
ment of school moneys. No order for any purpose may be drawn until the 
account has been regularly audited by the board. Section 2780. 

4. Price to pupils. It is desirable that the cost to the scholar shall be 
the lowest possible. Any extra expense connected with securing the books 
should not be added to their purchase price, but sihould be paid out of the 
contingent fund, upon separate orders. In this way the cost to the pur- 
chaser will agree with the contract price, and uniformity in cost for the 
same book will be common in many districts and counties. Note 3 to sec- 
tion 2824. 

5. Anticipate taxes. While the district may contract no indebtedness 
for the purchase of books and supplies, the board may anticipate the levy 
and collection of taxes certified for those purposes. 

Sec. 2826. Purchase — exchange. In the purchasing of text-books 
it shall be the duty of the board of directors or the county board of 
education to take into consideration the books then in use in the respec- 
tive districts, and they may buy such additional number of said books 
as may from time to time become necessary to supply their schools, and 
they may arrange on equitable terms for exchange of books in use for 
new books adopted. [25 G. A., ch. 35; 23 G. A., ch. 24, § 3.] 

Note: Uniformity of books. The good of the schools will be best ad- 
vanced if it is ordered that the same book or books in any branch must 
be used in all the schools of the same grade in the district. This will sim- 
plify the purchase, and also facilitate the introduction of uniform books. 

Sec. 2827. Suit on bond. If at any time the publishers of such 
books as shall have been adopted by any board of directors or county 
board of education shall neglect or refuse to furnish such books when 
ordered by said board in accordance with the provisions of this chapter, 
at the very lowest price, either contract or wholesale, that such books 
are furnished any other district or state board, then said board of direct- 
ors or county board of education may and it is hereby made their duty 
to bring suit upon the bond given them by the contracting publisher. 
[25 G. A., ch. 35; 23 G. A., ch. 24, § 4.] , 



112 SCHOOL LAWS OF IOWA. 

Sec. 2828. Bids. Before purchasing text-books under the pro- 
visions of this chapter, it shall be the duty of the board of directors, or 
county board of education, to advertise, by publishing a notice once 
each week for three consecutive weeks in one or more newspapers pub- 
lished in the county; said notice shall state the time up to which all 
bids will be received, the classes and grades for which text-books and 
other necessary supplies are to be bought, and the approximate quantity 
needed ; and said board shall award the contract for said text-books and 
supplies to any responsible bidd'er or bidders offering suitable text-books 
and supplies at the lowest prices, taking into consideration the quality 
of material used, illustrations, binding, and all other things that go to 
make up a desirable text-book; and may, to the end that they may be 
fully advised, consult the county superintendent, or, in case of city in- 
dependent districts, with city superintendent or other competent person, 
with reference to the selection of text-books: Provided, that the board 
may reject any and all bids, or any part thereof, and re-advertise there- 
for as above provided. [31 Q. A., ch. 9, § 4; 25 G. A., ch. 35; 23 G. A., 
ch. 24, § 5.] 

Note: Must advertise. A board may not secure tlie advantages of 
purchasing text-books without first advertising for bids and letting the con- 
tract in the manner required. And this is equally true even if it is expected 
that a new contract will be made for the books in present use. Form 5. 
110 N. W., 325. i 

Sec. 2829. Change — question submitted. It shall be unlawful for 
any board of directors or county board of education, except as provided 
in section twenty-eight hundred and twenty-seven of this chapter, to dis- 
place or change any text-book that has been regularly adopted or re- 
adopted under the provisions of this chapter, before the expiration of 
five years from the date of such adoption or re-adoption, unless author- 
ized to do so by a majority of the electors present and voting at their 
regular annual meeting in March, due notice of said proposition to 
change or displace said text-books having been included in the notice 
for the said regular meeting. [25 G. A., ch. 35 ; 23 G. A., ch. 24, § 6.] 

Note: Notice — secretary must be directed. Where notice that the ques- 
tion of a change of text-books would be voted on was included in the notice 
of election by the clerk (secretary) without the action of the board, the 
vote thereon was invalid, though a petition of ten voters had been filed, 
and though the members of the board individually had authorized the action 
of the clerk (secretary). McNees vs. School Township of East River, Page 
county, 110 N. W., 325. 

Sec. 2830. Samples — lists — ^bonds. Any person or firm desiring 
to furnish books or supplies under this chapter in any county shall, at 
or before the time of filing his bid hereunder, deposit in the office of the 
county superintendent samples of all text-bookjs included in his bid, 
accompanied with lists giving the lowest wholesale and contract prices 
for the same. And said samples and lists shall remain in the county 
superintendent's office, and shall be delivered by him to his successor 
in office, and shall be kept by him in such safe and convenient manner 
as to be open at all times to the inspection of such school officers, school 
patrons and school teachers as may desire to examine the same and com- 



( " ' SCHOOL LAWS OF IOWA. 113 

pare them with others, for the purpose of use in the public schools. The 
^ board of directors and the county board of education mentioned shall re- 
I quire of any person or persons with whom they contract for furnishing 
I any books or supplies to enter into a good and sufficient bond, in such 
I sum and with such conditions and sureties as may be required by such 
I board of directors or county board of education, for the faithful per- 
t formanee of any such contract. But bonds of surety companies duly 
\ authorized under the laws of Iowa shall be accepted. [25 G. A., ch. 35; 
,23 G. A., ch. 24, § 7.] 

1 Sec. 2831. County board of education — question as to county uni- 

lormity. The county superintendent, the county auditor and the 

^embers of the board of supervisors shall constitute a county board of 

education. When petitions shall have been signed by one-third the 

^'.hool directors in any county, other than those in cities and towns, and 

n.ed in the office of the county superintendent of such county at least 

Cirty days before the annual school elections, asking for a uniform 

series of text-books in the county, then such county superintendent 

shall immediately notify the other members of the county board of 

edtvcation in writing, and within fifteen days after the filing of the 

/petitions said board of education shall meet and provide for submitting 

Vto the electors at the next annual meeting the question of county uni- 

Iformity of school text-books. [28 G. A., ch. Ill; 25 G. A., ch. 35; 23 

G. A., ch. 24, §§ 8, 9.] 

Notes: 1. Petition. It is intended that at least one-third of the in- 
dividuals composing lall boards, except those of city and town districts, shall 
sign the petition referred to. Form 53. 

2. County board of education. By the provisions of this section every 
county in the state has a county board of education composed of the county 
superintendent, county auditor, and members of the board of supervisors. 

3. Notice. In order that every voter may be fully advised of the sub- 
mission of the question of county uniformity, the county board of education 
should publish the proposition to be voted upon in the official papers of 
the county at least ten days before the annual school election, and they 
sihould also transmit to the secretaries of the several boards of directors 
copies of said proposition, and direct said secretaries to give notice thereof 
and provide for the taking of a vote thereon at the annual meeting. 

Sec. 2832. Selection of books — depositories. Should a majority 
of the electors voting at such elections favor a uniform series of text- 
books for use in said county, then the county board of education shall 
meet and select the school text-books for the entire county, and contract 
for the same under such rules and regulations as the said board of educa- 
tion may adopt. When a list of text-books has been so selected, they 
shall be used by all the public schools of said county, except as herein- 
after provided, and the board of education may arrange for such deposi- 
tories as it may deem best, and may pay for said school books out of the 
county funds, and sell them to the school districts at the same price as 
provided for in section twenty-eight hundred and twenty-four of this 
chapter, and the money received from said sales shall be returned to the 
county funds by said board of education monthly. The boards of school 
officers, who are hereby made the judges of the school meetings, shall 
certify to the board of supervisors the full returns of the votes cast at 
^aid meetings the next day after the l].oIding of said meetings, who shall, 



114 SCHOOL LAWS OP IOWA. 

at their next regular meeting, proceed to canvass said votes and declare ' 
the result. Unless otherwise ordered by the board of education, the 
county superintendent shall have charge of such text-books and of the 
distribution thereof among the depositories selected by the board; he 
shall render to the board at each meeting thereof itemized accounts of 
his doings, and shall be liable on his official bond therefor. [28 G. A., 
ch. 112; 25 G. A., ch. 35; 23 G. A., ch. 24, § 9.] 

Notes: 1. A continuous body. The county board of education is a con- 
tinuous body. 

2. Rules. County boards of education should from time to time make 
such rules and regulations as seem nece&sary to carry out the purpose and 
spirit of the law. 

3. May not be purchased. Purchases of records, dictionaries, apparati 
and similar supplies for the use of the district may not be made by contra 
under this law, 'but such articles ©hould be ^bought with contingent fun 
as provided by section 2783. Note 4 to section 2 824. 

4. Sold direct. The county board of education must cause the books 
be sold to the people direct, under such regulations as the board may adoi 

5. Must be used. When a list of text-books has been selected as provid' 
in this section, they must be used by all the public schools of said count 
except as provided in section 2835, notwithstanding the fact that contract 
made by boards of school corporations may not have expired. 

6. Bonds. Security by bond made payable to the county may be required 
from depositories. But the fact that the money from sales must be returned 
to the county funds monthly will lessen the need for as much security as 
would be necessary if a large sum of money could be held by a depository 
£or a long time. 

7. Depositories. The county board of education should arrange for a 
sufficient number of depositories to accommodate fully the people of every 
district in the county. 

8. Contingent expense. It will promote an equality of price for the same 
book in the several counties, if any slight extra expense connected with 
securing or handling the books be not added to the contract price, but paid 
for from the county funds, by the board of supervisors. In this way, the 
books and supplies may be sold to the people at cost, the same as provided 
under section 2824, when purchase is made by a district. Note 4 to sec- 
tion 2825. 

9. May not render opinions. It is apparent that there will be many 
questions arising upon which we cannot venture an opinion. Any matter 
in which the binding force or validity of a contract is involved, can be de- 
termined only by the courts of law. 

10. Legal adviser. The county attorney ip the legal adviser of the county 
board of education, and he should be freely consulted on questions upon 
which the board may be in doubt. Code, section 3 02. 

11. By ballot. The vote upon county uniformity must be by ballot. The 
result of such vote should be duly certified by the judges of election to the 
board of supervisors the next day after the annual meeting. 

12. Judges. "The boards of school officers" who are made the judges 
of election by this section consist of the president, the secretary, and one 
of the directors as provided for in section 2746. 

13. Printing ballots. In order to facilitate matters in holding this elec- 
tion, the board of education might very properly provide for the printing 
and distribution of 'ballots, and make such other arrangements as 'may be 
necessary. 

Sec. 2833. Proceedings of county board. The county superin- 
tendent shall in all cases be chairman of the county board of education, 
and the county auditor shall be the secretary, and a full and complete 
record shall be kept of their proceedings in a book kept for that pur- 
pose in the office of the county superintendent, A list of text-books so 



SCHOOL LAWS OF IOWA. 115 

Selected, with their contract prices, shall be reported to the state super- 
intendent with the regular annual report of the county superintendent. 
[25 G. A., ch. 35; 23 G. A., ch. 24, § 10.] 

Note: Who report. The county superintendent will report only the 
list of books adopted by the county board of education. The ^superintendents 
of counties that have not adopted county uniformity as provided in sec- 
tions 2 831 and 2832 will not make this report. 

Sec. 2834. Officers not to be agents. It shall be unlawful for any 
school director, teacher or member of the county board of education to 
ict as agent for any school text-books or school supplies during such 
(erm of office or employment, and any school director, officer, teacher or 
^ember of the county board of education who shall act as agent or 
®*!aler in school text-books or school supplies, during the term of such 
^'Sce or employment, shall be deemed guilty of a misdemeanor, and 
^all, upon conviction therof , be fined not less than ten dollars nor more 
^^an one hundred dollars, and pay the costs of prosecution. [25 G. A., 
se. 35; 23 G. A., ch. 24, § 11.] 
si, 

p Notes: 1. Purpose of the law. The intention of this section is to pro- 
jbii any of the persons named from engaging In any business in connection 
with school text-books or supplies, by which his pecuniary interests might 
oe brought in conflict with his official duties. 

2. Violation — effect. The fact that a person is subject to the penalties 
aamed, for violating the provisions of this section, will not operate to deprive 
him of his office or position. 

3. Who prohibited. School directors, teachers, and members of the 
county board of education are by this section absolutely prohibited from 
acting as agents for, or dealers in, school text-books or school supplies. 

4. Director as dealer. Code, section 2 83 4, applies to and prohibits a 
school director from engaging on his own account in the sale of school 
books and supplies to the pupils, and is not limited to directors acting as 
agents of the board under code, section 2 824. 13 Iowa, 31. 

5. Sale of books — use of contingent fund. A school board has no author- 
ity to contract with a bookseller and pay him out of the contingent fund 
for handling books, where the district does not buy the books for re-sale, 
but simply arranges with the publishers to place the same with the dealer 
to be sold by him at a stated price. 127 Iowa, 408. 

Sec. 2835. City schools. The provisions of sections twenty-eight 
hundred and thirty-one, twenty-eight hundred and thirty-two and 
twenty-eight hundred and thirty-three of this chapter shall not apply 
to schools located within cities or towns, nor shall the electors of said 
cities or towns vote upon the question of county uniformity ; but nothing 
herein shall be so construed as to prevent such schools in said cities and 
towns from adopting and buying the books adopted by the county board 
of education at the prices fixed by them, if by a vote of the electors they 
shall so decide. [25 G. A., ch. 35; 23 G. A., ch. 24, § 12.] 

Notes: 1. Apply to whom. All except sections 2831, 2832 and 2833 
apply to city and town independent school districts, and such districts may 
purchase books and supplies in the same manner as other districts, under 
sections 2824 to 2830. 

2. How adopt. City and town independent districts may by a vote of 
the electors, at a regular meeting or at a special meeting called for that 
purpose, decide to adopt and use the books adop: .;d by the county board 
of education. 



116 SCHOOL LAWS OF IOWA. 

Sec. 2836. Free text-books — question submitted, whenever a pe- 
tition signed by one-third or more of the legal voters, to be determiner' 
by the school board of any school corporation, shall be filed with tt 
secretary thirty days or more before the annual meeting of the elector 
asking that the question of providing free text-books for the use < 
pupils in the public schools thereof be snmbitted to the voters at th>. 
next annual meeting, he shall cause notice of such proposition to be 
given in the call for such meeting. [26 G-. A., ch. 37, § 1.] 

Notes: 1, Purpose — benefits. Tihese provisions afford all school cor- 
porations the opportunity to supply free books, so that • every child majy 
continuously enjoy the privileges of school. It is believed that if districts 
will take action in accordance with the spirit of the law, the percentage 
of attendance at school can be materially increased, and the usefulness of 
our schools to all the ohildren greatly enhanced. 

2. Rules — ^importance of. Much of the success of free text-books v ill 
depend upon the rules and regulations adopted by the board to govern the 
use and care of such books. The board should take more than the u ,val 
pains to adopt plain, comprehensive, and effective rules for the guidance of 
ail concerned. 

Sec. 2837. Loaning — discontinuance. If, at such meeting, a rjia- 
jority of the legal voters present and voting by ballot thereon shall 
authorize the board of directors of said school corporation to loan text- 
books to the pupils free of charge, then the board shall procure such 
books as shall be needed, in the manner provided by law for the purchase 
of text-books, and loan them to the pupils. The board shall hold pupils 
responsible for any damage to, loss of, or failure to return any such 
books, and shall adopt such rules and regulations as' may be reasonable 
and necessary for the keeping and preservation thereof. Any pupil shall 
be allowed to purchase any text-book used in the school at cost. No 
pupil already supplied with text-books shall be supplied with others 
without charge until needed. The electors may, at any election called 
as provided in the last section, direct the board to discontinue the loan- 
ing of text-books to pupils. [26 G. A., ch. 37, §§ 2-6.] 

Notes: 1. Success of. As much of the success of free text-books will 
depend upon the rules and regulations adopted by the board to govern 
the care and use of the books, a board should take more than the usual 
pains to adopt plain, comprehensive, and effective rules for the guidance 
of all concerned. 

2. Anticipate tax. While the district may contract no debt for the pur- 
chase of books, the board may anticipate the levy and collection of taxes 
certified under section 2825, so as to carry out the instructions of the electors 
without unnecessary delay. 

ADVERTISEMENTS PROHIBITED. 

Sec. 5028-s. What prohibited. That no bills, posters or other mat- 
ter used to advertise the sales of intoxicating liquors and tobacco shall 
be distributed, posted, painted or maintained within four hundred feet 
of premises occupied by a public school or used for school purposes, 
provided, however, that nothing in this act contained Shall apply to 
advertisements in newspapers of regular publication distributed to sub- 
scribers or purchasers thereof. [30 G. A., ch. 137, § 1.] 



SCHOOL LAWS OF IOWA. 117 

Sec. 5028-t. Penalty. Any person violating any of the provisions 
of this act shall be deemed guilty of a misdemeanor and upon convic- 
tion thereof shall be punished by a fine not exceeding one hundred dol- 
lars or imprisonment in the county jail not exceeding thirty days. [30 
G. A., ch. 137, § 2.] 

BEQUESTS — CORPORATIONS MAY RECEIVE. 

Sec. 740. Power to take property by gift or bequest — how ad- 

nainistered. Counties, cities, towns and school corporations, are 

,uthorized to take and hold property, real and personal, derived by 

ifts and bequests; and to administer the same through their proper 

6^fieers in pursuance of the terms of the gift or bequest ; and when made 

f>r the establishment of institutions of learning or benevolence, and 

fere is no provision made in the gift or bequest for the execution of 

t.\e trust, the court having charge of the probate proceedings in the 

r ^mty shall appoint three trustees, residents of said county, who shall 

a,ve charge and control the same, and who shall continue to act until 

smoved by the court. And they shall give bond as required in case of 

jxecutors, to be approved in the same manner as in case of executors' 

bonds, and said trustees shall be subject to the orders of said court. 

[28 G. A., ch. 23, § 1 ; 26 G. A., ch. 20.] 



I. 



CONSTITUTION OF IOWA 



{ 



ARTICLE 9. i 

f 



1. EDUCATION AND SCHOOL LANDS. 2. SCHOOL FUNDS AND SCHOOL LANlbS. 



Section 1. Under control of general assembly. The educational 
and school fund and lands, -shall be under the control and management 
of the general assembly of this state. 

Sec. 2. Permanent fund. The university lands, and the proceeds 
thereof, and all moneys belonging to said fund shall be a permanent 
fund for the sole use of the state university. The interest arising from 
the same shall be annually appropriated for the support and benefit of 
said university. 

Sec. 3. Lands appropriated. The general assembly shall en- 
courage, by all suitable means, the promotion of intellectual, scientific, 
moral and agricultural improvement. The proceeds of all lands that 
have been, or hereafter may be, granted by the United States to this 
state, for the support of schools, which may have been or shall here- 
after be sold or disposed of, and the five hundred thousand acres of 
land granted to the new states, under an act of congress, distributing 
the proceeds of the public lands among the several states of the Union, 
approved in the year of our Lord one thousand eight hundred and forty- 
one, and all estates of deceased persons who may have died without leav- 
ing a will or heir, and also such per cent as has been or may hereafter 
be granted by congress, on the sale of lands in this state, shall be, and 
remain a perpetual fund, the interest of which, together with all rents 
of the unsold lands, and such other means as the general assembly may 
provide, shall be inviolably appropriated to the support of common 
schools throughout the state. 

Sec. 4. Fines, etc., how appropriated. The money which may 
have been or shall be paid by persons as an equivalent from exemption 
from military duty, and the clear proceeds of all fines collected in the 
several counties for any breach of the penal laws shall be exclusively 
applied in the several counties in which such money is paid, or fine 
collected, among the several school districts of said counties, in propor- 
tion to the number of youths subject to enumeration in such districts, to 
the support of common schools, or the establishment of libraries, as 
the board of education shall from time to time provide. 

(118) 



[ SCHOOL LAWS OF IOWA. 119 

Sec. 5. Proceeds of lands. The general assembl}^ shall take meas- 
ures for the protection, improvement, or other disposition of such lands 
I as have been, or may hereafter be reserved, or granted by the United 
I ' States, or any person or persons to this state, for the use of the univer- 
(" sity, and the funds accruing from the rents or sale of such lands, or 

(from any other source for the purpose aforesaid, shall be, and remain, 
a permanent fund, the interest of which shall be applied to the support 
\ of said university, for the promotion of literature, the arts and sciences, 
\ as may be authorized by the terms of such grant. And it shall be the 
Iduty of the general assembly, as soon as may be, to provide effectual 
■fneans for the improvement and permanent security of the funds of 
s|aid university. 

I Sec. 6. Agents of school funds. The financial agents of the school 
i^unds shall be the same that, by law, receive and control the state and 
Qounty revenue, for other civil purposes, under such regulations as may 
yoe provided by law. 
' Sec. 7. Distribution. The money subject to the support and main- 

tenance of common schools shall be distributed to the districts in pro- 
portion to the number of youths, between the ages of five and twenty-one 
years, in such manner as may be provided by the general assembly. 

An act piroviding for a different method of distribution of the school 
fund, held unconstitutional as in conflict with the above section. Dist. Tp. v. 
County Judge, 13 Iowa, 250. 



THE STATE UNIVERSITT. 

Section 2635. Board of regents — powers. The state university shall 
be governed by a board of regents, of which the governor and superin- 
tendent of public instruction shall be members by virtue of office, and the 
governor president, which shall meet at such times as it may appoint, 
and the governor may call special meetings when found expedient, or 
they may be called by the secretary of the board upon the written re- 
quest of any three members thereof. It shall elect a secretary and 
treasurer, who shall hold their offices at the pleasure of the board. It 
shall have power to appoint a jjresident and the requisite number of 
professors and tutors, with such other officers as it may deem expedient, 
and fix the compensation to be paid them, including that of the secretary 
and treasurer, and the amount to be paid for tuition. It shall have 
power to remove any officer or employe connected with the university 
when in its judgment the good of the institution so requires. [21 G. A., 
eh. 181; 16 G. A., ch. 147; C. '73, §§ 1587, 1590, 1592-3, 1596; R., § 
1934.] 

Sec. 2639. Apparatus — library — cabinet of natural history. The 

board of regents may from time to time expend of the income of the 
university fund such portion as it may find expedient in the purchase of 
apparatus, library, and a cabinet of natural history, to provide suitable 
means to preserve and keep the same, and in procuring other necessary 



120 SCHOOL LAWS OF IOWA. ' ' 

facilities for g-iving instruction. For the purpose of supplying a cabinet 
of natural history, all geological and mineralogical specimens which are 
now or may hereafter be collected by the state geologists, or by others 
appointed by the state to investigate its natural history and physical 
resources, shall belong to and be the property of the university, under , 
the charge of the professors of those departments. [C. '73, §§ 1597-8; 
R., §§ 1931, 1935.] 

Sec. 2640. Object — departments — degrees. The university shall , 
never be under the exclusive control of any religious denomination. Its p 
object shall be to provide the best and most efficient means of imparting(; 
to men and women, upon equal terms, a liberal education and thorougl. }■ 
knowledge of the different branches of literature and the arts an d 
sciences, with their varied applications. It shall include a coUegiat e, 
law, and such other departments, with such courses of instruction an( i 
elective studies, as the board of regents may determine, beginning th-^'e 
same in its collegiate department, so far as practicable, at the points 
where the same are completed in high schools; and no one shall be ad- 
mitted who has not completed the elementary studies in such branches as 
are taught in the common schools throughout the state. Graduates in 
each of the several courses shall receive such degrees and diplomas or 
other marks of distinction as the board of regents may determine and 
such as are usually conferred and granted by other universities. [C. '73, 
§§ 1585-6, 1589; R., §§ 1926, 1930; C. '51, § 1020.] 

Sec. 2641. Reports. On the first day of October preceding the i 
meeting of the general assembly, the president of the university shall \ 
make a report to the board of regents, which shall exhibit the condition \ 
and progress of the institution, the different courses of study pursued, 
the branches taught, the means and methods of instruction adopted, the 
number of students, their names, classes, and residences, with such other 
matters as he may regard important. The board of regents, on the 
fifteenth day of October in each even numbered year, shall make report 
to the governor, which report shall show the number of professors, tutors, 
and other officers, the compensation of each, the condition of the univer- 
sity fund, the income received therefrom, the amount of expenditures 
with the items thereof, and such other information and such recommen- 
dations as it shall regard important. [31 G. A., ch. 123; 22 G. A., ch. 
82, § 29; C. '73, §§ 1600-1.] 

Note: Reports. See also section 2 682-b, page 125. 



THE STATE COLLEGE OF AGRICULTURE AND MECHANIC ARTS. 

Act of Congress, July 2, 1862. 

AN ACT donating public lands to the several states and territories which may 
provide colleges for the benefit of agriculture and mechanic arts. 

Section 1. That there be granted to the several states for the 
purpose hereinafter named, an amount of the public land, to be appor- 
tioned to each state, a quantity equal to thirty thousand acres for each 
senator and representative iii congress to which the states are respec« 



SCHOOL LAWS OF IOWA. 121 

lively entitled, by the apportionment under the census of 1860 ; provided, 
that no mineral lands shall be selected under the provisions of this 
aJat. 

/ Sec. 2. That the land aforesaid, after being surveyed, shall be ap- 

' portioned to the several states in sections or sub-divisions of sections, 
not less than one-quarter of a section; and whenever there are public 
lands in a state subject to sale at private entry at ore dollar and twenty- 

, five cents per acre, the quantity to which said state shall be entitled 

^hall be selected from such lands within the limits of such state, and 
the secretary of the interior is hereby directed to issue to each of the 
States in which there is not the quantity of public lands subject to sale 
at private entry at one dollar and twenty-five cents per acre, to which 
said state may be entitled under this act, land scrip to the amount in 
acres for the deficiency of its distributive share; said scrip to be sold 
by said states and the proceeds thereof to be applied to the uses and 
purposes prescribed in this act, and for no other purpose whatever; 
provided, that in no case shall any state to which land scrip may thus 
be issued, be allowed to locate the same within the limits of any other 
state, or of any territory of the United States, but their assignees may 
thus locate said land scrip upon any of the unappropriated lands of the 
United States subject to sale at private entry at one dollar and twenty- 
five cents or less per acre; and provided further, that not more than 
one million acres shall be located by such assignees, in any one of the 

', states ; and provided further, that no such location shall be made before 
\\ one year from the passage of this act. 

Sec. 3. That all the expenses of management, superintendence, and 
taxes from date of selection of said lands previous to their sale, and all 
the expenses incurred in the management and disbursement of the 
moneys which may be received therefrom, shall be paid by the state to 
which they may belong, out of the treasury of said state, so that the 
entire proceeds of the sales of said lands shall be applied without any 
diminution whatever to the purposes hereinafter mentioned. 

Sec. 4. That all moneys derived from the sale of the lands afore- 
said by the states to which the lands are apportioned, and from the sale 
of land scrip hereinbefore provided for, shall be invested in the stocks 
of the United States, or of the states, or of some other safe stocks, yield- 
ing not less than five per centum upon the par value of said stocks ; and 
that the money so invested shall constitute a perpetual fund, the capital 
of which shall remain forever undiminished (except so far as may be 
\ provided in section fifth of this act), and the interest of which shall 

' be inviolably appropriated by each state, which may take and claim the 
benefit of this act, to the endowment, support, and maintenance, of at 

' least one college, where the leading object shall be, without excluding, 
other scientific and classical studies, and including military tactics, to 
teach such branches of learning as are related to agriculture and the 
mechanic arts, in such manner as the legislatures of the states may re- 
spectively prescribe, in order to promote the liberal and practical educa- 
tion of the industrial classes in the several pursuits and professions of 
life. 



122 SCHOOL LAWS OF IOWA. 

[Chapter 108, Statutes at Large, 47tli Congress, approved April 26, 1882, 
amends this section "so as .to permit the state of Iowa, which has provided a 
college in accordance with this act, to loan endowment fund belonging to said 
college, upon real estate security, under such rules and regulations as the 
General Assembly shall hereafter provide.] 

Sec. 5. And he it further enacted, That the grant of land and 
land scrip hereby authorized shall be made on the following conditions, 
to which, as well as to the provisions hereinbefore contained, the previous 
assent of the several states shall be signified by legislative acts: 

First — If any portion of the fund invested as provided by the fore- 
going section, or any portion of the interest thereon shall, by any action 
or contingency, be diminished or lost, it shall be replaced by the state 
to which it belongs, so that the capital of the fund shall remain forever 
undiminished, and the annual interest shall be regularly applied, without 
diminution, to the purposes mentioned in the fourth section of this act, 
except that a sum not exceeding ten per centum upon the amount re- 
ceived by any state under the provisions of this act may be expended for 
the purchase of lands for sites or experimental farms, whenever author-, 
ized by the respective legislatures of said states. 

LAWS OF IOWA, 

Section 2645. Grant accepted. Legislative assent is given to the 
purposes of the various congressional grants to the state for the endow- 
ment and support of a college of agriculture and mechanic arts, and an 
agricultural experiment station as a department thereof, upon the terms, | 
conditions and restrictions contained in all actS' of congress relating ' 
thereto, and the state assumes the duties, obligations and responsibilities 
thereby imposed. All moneys appropriated by the state because of the 
obligations thus assumed, and all funds arising from said congressional 
grants, shall be invested or expended in accordance with the provision of 
such grant, for the use and support of said college located at Ames. 
[24 G. A., ch. 6; 20 G. A., ch. 76, § 1; C. 73, § 1604; R., § 1714.] 

Sec. 2646. Board of trustees. The college shall be under the con- 
trol and management of a board of trustees of which the governor and 
superintendent of public instruction shall be members, by virtue of 
office; but neither the president nor other officer or employe of the col- 
lege and farm shall be eligible to membership therein. [27 G. A., ch. 

76; 20 G. A., ch. 76, § 1; C. '73, § 1604; R., § 1714.] 

************ 

Sec. 2648. Courses of study. There shall be adopted and taught 
practical courses of study embracing in their leading branches such as 
relate to agriculture and the mechanic arts, and such other branches as 
are best calculated to thoroughly educate the agricultural and industrial 
classes in the several pursuits and professions of life, including military 
tactics, and, as a separate department, a school of minesi, in which a 
complete course in theoretical and practical mining in its different 
branches shall be taught. [25 G. A., ch. 107 ; 20 G. A., ch. 27 ; C. '73, 
§ 1621.] 

Sec. 2649. Tuition — admission. Tuition in the college herein es- 
tablished shall be forever free to pupils from the state over sixteen 



SCHOOL LAWS OF IOWA. 123 

years of age, who have been residents of this state six months previous 
to their admission. Each county in this state shall have a prior right 
to tuition for three scholars from such county; the remainder, equal to 
the capacity of the college, shall be by the trustees distributed among 
the counties in proportion to the population, subject to the above rule. 
Transient scholars otherwise qualified, may at all times receive tuition. 
fC. 73, § 1619.] 

*j[..U.O^j|.^{.4|.^^4|.4f..V. 
gp ^ tS* ^ •Jp.flp TP ^ ^ •?? 'J^ 

Sec. 2651. President. The president shall manage and control the 
affiars of the college and farm, subject to such rules as may be pre- 
scrfoed by the board of trustees, and shall report to it at its annual meet- 
ing, and at such other times as it directs, all his acts and the condition 
of the several departments, with his recommendations for the future 
management thereof. [C. '73, § 1611.] 

Sec. 2652. Secretary. The secretary shall keep a record of the 
proceedings of the board, and all documents and papers connected with 
the office, and conduct the correspondence. All acts of the board re- 
lating to the management, disposition, or use of the lands, funds or 
other property of the institution shall be entered of record, and show 
how each member voted upon each proposition. He shall also prepare 
the biennial report of the board to the governor ; and report to the execu- 
tive council annually, and at such other times as may be required by it, 
all loans made since his last report to it ; and also, to the board, all loans 
made since its last meeting, unless otherwise ordered; but such reports 
must be made at least quarterly. Upon the election of any person to any 
office under the board, he shall give notice thereof to the secretary of 
state. He shall also keep an account with the treasurer, charging him 
with all money paid him, and crediting him with the amounts paid out 
upon the order of the board of audit, which account shall be balanced 
monthly. [20 G. A., ch. 193, § 4; C. '73, § 1612.] 

Note: Reports. See also section 2 682-b, page 125. 

Sec. 2673. Sale of liquors. No person shall open, maintain or 
conduct any shop or other place for the sale of wine, beer or spirituous 
liquors, or sell the same at any place within a distance of three miles 
from the agricultural college and farm ; provided, that the same may be 
sold for sacramental, mechanical, medical or culinary purposes; and 
any person violating the provisions of this section shall be punished on 
conviction by any court of competent jurisdiction, by a fine not exceed- 
ing fifty dollars for each offense, or by imprisonment in the county jail 
for a term not exceeding thirty days, or by both such fine and imprison- 
ment. [C. '73, § 1520.] 



THE NORMAL SCHOOL. 



Section 2675. Board of trustees — officers. The normal school at 
Cedar Falls, for the special instruction and training of teachers for the 
common schools, shall be under the management and control of a board 
of trustees, of which the superintendent of public instruction shall be, 
by virtue of office, a member and president. It shall meet annually on 



124 SCHOOL LAWS OF IOWA. 

or before June fifteenth, at the call of the president, and organize by the 
election of one of its members vice-president, and a secretary and treas- 
urer, neither of the latter to be a member of the board. The treasurer 
shall give bond in the sum of twenty thousand dollars, with good and 
sufficient sureties, to be filed with and approved by the secretary of state, 
which bond shall be conditioned for the safe keeping and proper dis- 
bursement of all money coming into his hands by virtue of his office. 
[16 G. A., ch. 129, §§ 1, 4.] 

Sec. 2676. Powers of board — admissions — fees. The board shall 
have power to employ a sufficient number of suitable and competeM 
teachers and other assistants; fix their compensation; make all necessary 
rules and regulations for the management of the school, the admission 
of pupils from the several counties in the state, giving to each county 
its proper representation therein in proportion to the population thereof, 
and to all teachers in the state equal rights, requiring that each one 
received as a pupil shall furnish satisfactory evidence of good moral 
character and the honest intention of following the business of teaching 
school in the state ; and make such arrangements as it may for the lodg- 
ing and boarding of pupils, which shall be paid for by them. It may 
charge a fee for contingent expenses not to exceed one dollar monthly, 
and a tuition fee of not more than six dollars a term, if necessary for 
the proper support of the institution, and shall determine what part of 
the year the school shall be open, its sessions to continue, however, for 
at least twenty-six weeks of each year. [17 G. A., ch. 142, § 2; 16 G. 
A., ch. 129, § 5.] 

Sec. 2677. Branches of study. Physiology and hygiene shall be 
included in the branches of study regularly taught to and studied by all 
pupils in the school, and special reference shall be made to the effect of 
alcoholic drinks, stimulants and narcotics upon the human system, and 
the board of trustees shall provide the means for the enforcement of 
the provisions of this section and see that they are obeyed. [25 G. A., 
ch. 1, § 1.]. 

Sec. 2678. Contract with school districts. The board of trustees 
may contract with the board of directors of the school township or in- 
dependent district in which the school is situated, and those contiguous 
thereto, for a period not exceeding two years at a time, to receive the 
pupils thereof into the normal school and furnish them with instruction, 
payment therefor to be made out of the teachers' fund of such towr 
ships or districts, which shall not exceed fifty cents, weekly, for ea 
pupil; the contract to be in writing, and a copy filed with the county 
superintendent. [25 G. A., ch. 40, §§ 1-3.] 

Sec. 2679. Teachers' reports — ^tuition. If such a contract is 
entered into, all reports required by law to be made to the board of 
directors of such townships or districts and the county superintend- 
ent, by the teachers thereof, shall be made by the principal of the 
normal school, and all sums paid for tuition shall go to its contingent 
fund. [Same, §§ 3, 4.] 

Sec. 2680. Report to governor. The board shall biennially, 
through its secretary, make a detailed report to the governor of its pro- 
ceedings during the preceding two ^ears, which report shall show the 



SCHOOL LAWS OF IOWA. 125 

number of teachers employed, the compensation of each, the number of 
pupils and classification, an itemized statement of receipts and expendi- 
tures, and such further information with such recommendations as may 
be regarded important to the interests of the institution, and with refer- 
ence to its connection with the educational work of the state. Provided 
that the report made in the year 1906 shall cover the period only from 
the dates of its last biennial report. [31 G. A., ch. 125; 22 G. A., ch. 64, 
§ 2; 16 G. A., ch. 129, § 9.] 

Note: Reports. See section 2 6 82-b, below. 

Sec. 2681. Compensation of officers. The secretary of the board 
shall receive such compensation as may be fixed by it, not exceeding one 
hundred dollars annually, with actual traveling expenses. The treas- 
urer shall be allowed only his actual traveling expenses, the claim for 
which, as well as that of the secretary, to be itemized and verified 
before it is allowed and paid which shall be done out of the state 
treasury upon the warrant of the state auditor. [22 G. A., ch. 64, § 1 ; 
16 G. A., ch. 129, § 2.] 

Sec. 2682. Appropriation. There is hereby appropriated the sum 
of twenty-eight thousand five hundred dollars annually as an endow- 
ment fund for the payment of the teachers of said normal school, and 
the further sum of nine thousand dollars annually as a contingent fund 
therefor. The amount herein appropriated shall be drawn and paid 
quarterly on the first days of March, June, September and December, on 
the requisition of the board of trustees of the school. [27 G. A., ch. 77.] 

Section 2682-b. Eeports — what to contain. That the secretary of the 
state university, the secretary of the state college of agriculture and 
mechanic arts, and the secretary of the state normal school be required 
hereafter to make report to each general assembly within three days 
after the said general assembly shall have convened. Said reports shall 
show in plain manner the amount available each fiscal year from state 
appropriations and all other sources, for the erection, equipment, im- 
provement and repair of buildings, also the funds received from state 
appropriations, interest on endowment funds, tuition, laboratory fees, 
janitor fees, donations, rent of lands and from all sources whatsoever, 
going to affect the annual income of the support funds of said institu- 
tions. Any appropriation of funds received for any special purpose 
whatsoever shall also be reported. Hospital receipts and sales of depart- 
ments shall be listed separately. The report shall show how the moneys 
thus received were expended, giving under separate heads the cost of 
instruction, administration, maintenance and equipment of departments, 
and the general expenses of the institutions. It shall clearly state the 
number of professors, instructors, fellows and tutors, and the number 
of students enrolled in each course during each year of the biennial 
period. Students attending the short courses shall be reported sepa- 
rately. The amount of unexpended balances of departments, remaining 
in the hands of the treasurer, and the amounts undrawn from the state 
treasury on the thirtieth of June of the last year of the biennial period 
shall be given. The report of the secretary of the state college of agri- 
culture and mechanic arts shall also show the receipts of the experiment 
station from all sources for each fiscal year and how such funds were 
expended. [30 G. A., ch. 104.] 



126 SCHOOL LAWS OF IOWA. 



COUNTY HIGH SCHOOLS. 



Section 2728. How established. Any county may establish a high 
school in the following manner: When the board of supervisors shall 
be presented with a petition signed by one-third of the electors of the 
county as shown by the returns of the last preceding election, request- 
ing the establishment of a county high school at a place in the county 
named therein, it shall submit the question, together with the amount 
of tax to be levied tp erect the necessary buildings, at the next general 
election to be held in the county, or at a special one called for that pur- 
pose, first giving twenty days' notice thereof in one or more newspapers 
published in the county, if any be published therein, and by posting such 
notice, written or printed, in each township of the county, at which 
election the vote shall be by ballot, for or against establishing the high 
school, and for or against the levying of the tax, the vote to be can- 
vassed in the same manner as that for county officers. Should a majority 
of all the votes cast upon the ouestion be in favor of establishing such 
school, and the levying of such tax, the board of supervisors shall at 
once appoint six trustees, residents of the county, not more than two 
from the same township, who, with the county superintendent of com- 
mon schools as president, shall constitute a board of trustees for said 
high school. [27 G. A., ch. 84, § 1; C. '73, § 1697-9, 1.701.] 

Sec. 2729. Trustees — officers. The trustees, within ten days after 
appointment, shall qualify by taking the oath of civil officers, and giving 
bond in such sum as the board of supervisors may require, with sureties 
to be approved by it, and shall hold office until their successors are 
elected and qualified, who shall be elected at the general election follow- 
ing. The trustees, then elected, shall be divided into two "'•asses of 
three each, and hold their office two and four years, respectively, their 
several terms to be decided by lot ; and in all county high schools hereto- 
fore established the terms of all trustees thereof shall expire on the first 
day of January, 1907, and at the general election in 1906 there shall be 
six trustees elected for each of said county high schools, three of whom 
shall be elected for two years, and three of whom for four years, and at 
each general election thereafter three trustees shall be elected for the 
term of four years ; the trustees so elected to qualify in the same manner 
and at the same time as other county officers and all vacancies occurring 
to be filled by appointment by the board of supervisors, the appointee 
to hold the office until the next general election, and a majority of 
which trustees shall constitute a quorum for the. transaction of busi- 
ness. At the first meeting held in each year, the board shall appoint a 
secretary and treasurer from their own number, who shall perform the 
usual duties devolving upon like officers. The treasurer, in addition to 
his bond as trustee, shall give one as treasurer, in such sum and with 
such sureties as may be fixed by the board, and receive all moneys from 
all sources belonging to the funds of the school, and pay them out as 
directed by the board of trustees, upon orders drawn by the president 
and countersigned by the secretary ; both of which officers shall keep an 
accurate account of all moneys received and paid out, and at the close 
of each year, and whenever required by the board, shall make a full 
itemized and detailed report. [31 G. A., ch. 135; C. '73, §§ 1699, 1700, 
1704, 1711.] 



SCHOOL LAWS OP IOWA. 127 

Sec. 2730. Site — tax. As soon as convenient after the organization 
of the board, it shall proceed to select the best site that can be ob- 
tained without expense to the county, at the place named in the petition 
upon which the vote was taken, for the erection of the necessary school 
buildings, the title to be taken in the name of the county, and shall pro- 
cure plans and specifications for the erection of such buildings, and 
make all necessary contracts for the erection of the same, the cost of 
which, when completed, shall not exceed the amount of the tax so levied 
therefor. They shall also annually make and certify to the board of 
supervisors on or before the first Monday of September of each year, an 
estimate of the amount of funds needed for improvements, teachers' 
wages and contingent expenses for the ensuing year, designating the 
amount for each, which, in the aggregate shall not exceed, in any one 
year, two mills on the dollar, upon the taxable property of the county. 
No expenditures for buildings or other improvements' shall be made, or 
contract entered into therefor, by said board, involving an outlay of to 
exceed five hundred dollars in any one year, without the same first being 
submitted to the electors of the county in which said school be located, 
for their approval ; the tax to be levied and collected in the same manner 
as other county taxes, and paid over by the county treasurer in the same 
manner as school funds are paid to district treasurers. [27 G. A., ch. 
84, § 2; C. 73, §§ 1702-3, 1705.] 

Sec. 2731. Buildings — mianagement. Said board shall make no 
purchases, nor enter into any contracts in any year, in excess of the 
funds on hand and to be raised by the levy of that year. It shall em- 
ploy, when suitable buildings have been furnished, a competent principal 
teacher to take charge of the school, and such assistant teachers as may 
be necessary, and fix the salaries to be paid them, and in the conduct of 
the school may employ advanced students to assist in the work. Annual 
reports shall be made by the secretary to the board of supervisors, which 
report shall give the number of students, with the sex of each, who have 
been in attendance during the year, the branches taught, the text-books 
used, number of teachers employed, salary paid to eav'-, amount ex- 
pended for library, apparatus, buildings and all other expenses, the 
amount of funds on hand, debts contracteJ, and such other information 
as may be deemed important, and this report shall be printed in at 
least one newspaper in the county, if any is published therein, and a 
copy forwarded to the superintendent of public instruction. And for 
their services the trustees shall each receive the sum of two dollars per 
day for the time actually employed in the discharge of official duties, 
claims for services to be presented, audited, and paid out of the county 
treasury, in the same manner as other accounts against the county. [27 
G. A., ch. 84, § 3; C. '73, §§ 1705-6, 1710, 1712.] 

Sec. 2732. Regulations. The principal of any such high school, 
with the approval of the board of trustees, shall make such rules and 
regulations as is deemed proper in regard to the studies, conduct and 
government of the pupils; and any pupil who will not conform to and 
obey such rules may be suspended or expelled therefrom by the board, 
of trustees. Said board of trustees shall make all necessary rules and 
regulations in regard to the age and grade of attainments necessary to 



128 SCHOOL LAWS OP IOWA. 

entitle pupils to admission into the school, and shall, on or before the 
tenth day of July of each year make an apportionment between the 
different school corporations of the county, of the pupils that shall 
attend said school, and shall apportion to each of said school corporations 
its proportionate number, based upon the number of pupils that can be 
reasonably accommodated in said school, and the number of pupib of 
school age, actual residents of such school corporations, as shown by the 
county superintendent's report last filed with the county auditor, of said 
county; said apportionment shall be published in the official papers of 
such county, to be paid for, as other county printing; pupils from the 
said school corporations to the number so designated in such apportion- 
ment, shall be entitled to admission into said school, tuition free, and 
none others, and it shall be unlawful to accredit pupils so attending to 
any other school corporation, than the one in which they are enumerated 
for school purposes. Should there be more applicants for such admis- 
sion from any school corporation than its proportionate number, so de- 
termined, then the board of directors of such school corporation shall 
designate which of said applicants shall be entitled to so attend. If the 
school shall be capable of accommodating more pupils than those attend- 
ing under such apportionment, others may be admitted by the board of 
trustees, preference at all times being given to pupils desiring such 
admission, who are residents of the county. The board of trustees shall 
fix reasonable tuition for such pupils. If such pupils are residents of 
the county the school corporation from which they attend shall pay their 
tuition out of its contingent fund. The principal of such high school 
shall report to the said board of trustees' under oath, at the close of each 
term the names and number of pupils attending such school during said 
term, from what school corporation they attended, and the amount of 
tuition, if any, paid by each, the same to be included in the annual re- 
port of the secretary of the board of trustees to the board of super- 
visors, provided for in section twenty-seven hundred and thirty-one 
(2731) of the code. The tuition so paid to be turned over to the treas- 
urer of the board of trustees to be used in paying the expenses of said 
school under the direction of said board. [27 G. A., ch. 84, § 4 ; C. '73, 
§ 1709.] 

Sec. 2733. Petitions to abolish — election. Whenever citizens of 
any county having a county high school desire to abolish the same or 
to dispose of any part of the buildings or property thereof, they may 
petition the board of supervisors at any regular session thereof in rela- 
tion thereto, and sections three hundred and ninety-seven (397), three 
hundred and ninety-eight (398), three hundred and ninety-nine (399) 
and four hundred (400) of the code shall apply to and govern the whole 
matter, including the manner of presenting and determining the suffi- 
ciency of such petitions and remonstrances thereto so far as applicable. 
If an election is ordered the same shall be held at the time of the general 
election or at a special election called for that purpose and the proposi- 
tion shall be submitted and the election conducted' in the manner pro- 
vided in title six (6) of the code. If any proposition as herein provided 
be legally submitted and adopted, the board of supervisors is hereby 
empowered to carry the same into effect. [27 G. A., ch. 84, § 5; C. '73, 
§§ 1707-8.] 



INDEX 129 



INDEX TO LAWS. 



A.CCOUNTS, by educational board of examiners, 2633; by trustees normal school, 
2680; by county high school, 2729; of applicants examined, 2734-p; of regis- 
tration fees, 2734-q; of institute fund, 2738; kept by secretary, 2761; kept 
by treasurer, 2768; audited by board, 2780; for attendance, certified to 
county auditor, 2803; kept by county auditor, 2808; of bonds sold, kept by 
treasurer, 2812-f; kept by county board of education, 2833. 

Acre, site taken by condemnation, may or may not exceed, 2814. 

Adjournment, less number of board than quorum may adjourn, 2771. 

Advertisement, proposals to build of $300 and over, must be invited by, 2779; 
before text-lDOoks are adopted, 2828. 

Affidavit, of appeal, of what it consists, 2818; is basis of appeal, 2818; must 
be filed within thirty days, 2818; shall set forth error complained of in a 
plain and concise manner, 2818. 

Age, of voter at school meeting, 2748; for enumeration, 2764; for free attend- 
ance, 2773; of scholars in attendance kept, 2789; of scholar, 2804; of per- 
sons when compelled to attend school, 2823-a. 

Agricultural College, see State College of Agriculture and Mechanic Arts. 

Alcoholic drinks and narcotics, effects of, taught in normal school, 2677; 
examination of teacher must include, 2734-d; county superintendent must 
report manner and extent of instruction in effects of, 2739; law with 
regard to teaching effects of, must be enforced, 2740; instruction as to 
effects of, must be given all scholars, 2775. 

Annual meeting, held second iMohday in March, 2746; officers of, 2746; voters 
at, 2747; powers of, 2749; voting at, must be by ballot, 2749; in independent 
districts, 2754; notice of, 2746; vote of, must be executed by board, 2778; 
statement of receipts and expenditures, to be presented at, by board, 2780; 
vote tax to pay judgment indebtedness, 2811; may authorize change of 
textJbooks, 2749, paragraph 1, 2829; may vote free text-books, 2836; may 
discontinue loaning of text^books, 2837. 

Apparatus, value of, reported to governor, 2625; amount expended for, in 
county high school reported, 2731; value of, reported by secretary, 2765; 
may be purchased with contingent fund, 2783. 

Appeal, from decision by county superintendent, 2623; who may take, 2818; 
affidavit is basis of, 2818; county superintendent to notify secretary, 2819; 
secretary to send up transcript, 2819; time of hearing fixed, 2819; inter- 
ested persons notified, 2819; testimony heard and decision rendered, 2819; 
decision final unless appealed from, 2819; to superintendent public instruc- 
tion, 2820; judgment for money not to be rendered, 2820; county superin- 
tendent issues subpoenas, 2821; compels attendance of, witnesses, 2821; 
compensation of witnesses in, 2821; costs of, may be paid, 2821; transcript 
of costs filed with clerk of court, 2821. 



130 INDEX 

Appointment, of deputy, by superintendent public instruction, 2621; of teach- 
ers' normal institute, 2622; of two members board educational examiners, 
by governor, 2628; of assistant examiners, 2629; to fill vacancies in trus-* 
tees, county high school, 2729; of deputy, by county superintendent, 2734-b; 
of assistants at examination, 2734-c; of judges of election at annual meet- 
ing, 2746; qualifications of persons for, as school oflBcer or member of 
board, 2748; of chairman and secretary for subdistrict meeting, 2751; of 
judges of election in districts of 5,000 or over, divided into election pre- 
cincts, 2756; no teacher or other employe of the board eligible as secretary 
in independent districts, 2757; by board to fill vacancy in its member- 
ship, 2758; to fill vacancies, must be by ballot, 2771; of temporary president 
or secretary, 2772. 

Appobtionment, see semi-annual apportionment. 

Appeaisees, see referees. 

Aebiteatoes, when boards cannot agree on division of assets and liabilities, 
may be selected, 2802; decision of, made in writing, 2802; appeal from 
decision of, to district court, 2802. 

Assets and liabilities, boards shall make equitable division of, 2802. 

Attendance, at normal school, 2676; at county high school, 2733; school for, 
determined by board, 2773; every school free to actual residents, 2773; 
in other districts, 2774; expenses of transportation paid, 2774; register of, 
2789; In another district, 2803; age for, 2804; of non-residents, 2804; com- 
pulsory, 2823-a. 

Atjditoe, see county auditor. 

Auditor of state, issues warrant for subscription to educational school paper, 
2624; receives report of enumeration from superintendent public instruction, 
2625; issues warrant for each institute, 2626; issues warrant for sailaries 
and expenses, 2627; issues warrants for compensation board educational 
examiners, 2634-a; issues warrants for compensation oflcers board trustees 
normal school, 2681. 

Ballot, director for subdistrict elected by, 2751; directors elected by, 2754; 
election in districts of 5,000 or more divided into precincts, must be by, 
2755; officers of board elected by, 2757; vacancies among officers or members 
of board, filled by, 2771; vote on formation of independent school district 
taken by, 2794; vote for rural independent school district organization taken 
by, 2797; vote to unite independent districts, taken by, 2799; vote to unite 
rural independent school districts into school townships taken by, 2800; 
vote to authorize free text-books taken by, 2837; vote to organize oonsoli- 
dated independent districts, taken by, 279 4-a. 

Ballot box, provided for each precinct in independent school districts of 5,000 
and over, divided into election precincts, 2756. 

Baebed wiee, county superintendent shall see that provisions relating to use 
of, are observed and enforced, 2740; shall not be used to inclose school 
building or grounds, 2817; not used within ten feet of schoolhouse site, 
2817; penalty for use of, 2817. 

Bequests, may be accepted by school corporations, 740, page 117. 

Bible, shall not be excluded from any school, 2805; no child required to read, 
contrary to wishes of parent or guardian, 2805. 

Blind peesons, of school age, reported to College for the Blind, 2739; of school 
age, reported to county superintendent, 2765. 

BoAED OF dieectoes, couuty superintendent not to be a member of, 2734; term 
of, 2745; qualifications for member of, 2748; number of, in school town- 
ships, 2752; number of, in independent districts, 2754; election of, in school 
townships, 2751-2752; election of, in independent districts, 2754-2756; meet- 
ings of, 2757; election of officers, 2757; qualification of members, 2758; 



INDEX 131 

Board of Directors— Continued. 

vacancy in, filled by appointment, 2758; president of, duties of, 2759; may 
employ counsel, 2759; secretary and treasurer each gives bonds, 2760; bonds 
to be filed with president, 2760; secretary, duties of, 2761-2767; proceedings 
of, to be recorded by secretary, 2761; treasurer, duties of, 2768-2769; quorum 
of, 2771; vacancies in, filled by ballot, 2771; appoints temporary president 
or secretary, 2772; prescribes course of study, 2772; makes rules and regu- 
lations, 2772; requires performance of duty, 2772; fixes site for schoolhouse, 
2773; determines number of schools, 2773; determines particular school each 
child shall attend, 2773; designates period each school shall be held beyond 
time required by law, 2773; may rent room and employ teacher for any ten 
scholars, 2774; may contract for instruction in other districts, 2774; may 
pay transportation of children, 2774; shall require teachers to give and 
scholars to receive instruction, in effects of stimulants, 2775; may establish 
graded or union schools, 2776; may select person to have general supervision 
of schools, 2776; shall carry Into effect instructions from annual meeting, 
2778; shall elect teachers and make contracts, 2778; shall consult county 
superintendent before building schoolhouse, 2779; if amount exceeds $300, 
shall advertise before contracting, 2779; shall audit all claims, 2780; shall 
make settlement with treasurer, 2780; shall present statement of annual 
receipts and expenditures, 2780; fixes compensation of secretary and treas- 
urer, 2780; no member of, may receive compensation, 2780; provides for 
visiting schools, 2782; may discharge teacher for cause, 2782; may expel 
scholar, 2782; may readmit scholar, 2782; may empower teacher to dismiss 
scholar temporarily, 2782; may insure school property, 2783; may purchase 
dictionaries, library books, and apparatus, 2783; may furnish text-books 
to Indigent children, 2783; may loan text-ibooks to scholars, 2783; shall give 
special attention to matter of water-closets, 2784; shall limit director of 
eubdistrict in contracting, 2785; may hold an industrial exposition, 2786; 
shall have shade trees set out, 2787; shall not pay person for teaching with- 
out certificate, 2788; how chosen, when new civil township is formed, 2790; 
may consent to attach territory, 2791; territory restored by concurrent con- 
sent of, 2792, territory restored by consent of, and county superintendent, 
2792; may establish boundaries of contemplated independent school district, 
2794; shall give notice of election of directors, 2795; may change boundaries 
of subdistricts by majority vote of, 2801; shall divide assets and liabilities, 
• 2802; in case of disagreerdent, arbitrators shall be appointed, 2802; may 
agree upon terms of attendance, 2803; fixes terms for attendance of non- 
residents, 2804; may not exclude bible from school, 2805; shall estimate taxes, 
2806; shall pay judgment out of proper fund, 2811; shall certify tax to pay 
judgment, 2811; may issue bonds to pay judgment indebtedness, 2812-c; 
may issue bonds to pay bonds maturing, 2812-c; may issue bonds for erect- 
ing, completing or repairing schoolhouses, when, 2812-d; shall provide tax 
to pay bonds or interest due, 2813; may take schoolhouse sites, 2814; shall 
deposit amount of referees' assessment, 2815; shall pay costs of referees' 
assessment, 2815; may not use barbed wire to inclose schoolhouse grounds, 
2817; may adopt and purchase text-books, 2824; may select person to keep 
'books and supplies for sale, 2824; must advertise for bids before adopting 
text-books, 2828; shall arrange for free text-books when voted, 2837, 

BoAED OP DiKECTOBs, of independent school district, term of, 2745; election 
of, 2754-2756; may establish kindergarten departments, 2771; change bound- 
aries, 2793; for new district, 2795; certifies taxes for new district, 2796; 
may subdivide district, 2798; may unite districts, 2799; may issue school 
funding bonds, 2812-c; may issue school building bonds when, 2812-d; shall 
certify to pay bonds or interest due, 2813. 

BoAED OF DUtECTOES, of Tural independent school district, term of, 2754; election 
of, 2754; changes boundaries, 2793; for new district, 2797; may subdivide 
district, 2798; may unite districts, 2799; may unite districts into school 
to-wnship, 2800. 

BOABD OF DiBECTOBS, of school townsMp, term of, 2745; number of, 2752; elec- 
tion of, 2751-2752; may instruct directors, 2785; may change boundaries, 
2793; may divide school township Into subdistricts, 2801; must apportion 
schoolhouse tax among eubdistrlcts, 2808. 



132 INDEX 

Board of educational examinees, of wliom consists, 2628 ; superintendent public 
instruction president, 2628; shall hold at least two examinations annually, 
2629; adopts rules and regulations, 2629; keeps record of proceedings, 2629; 
may issue state certificates and state diplomas, 2629; may grant special cer- 
tificates, 2630-b; to primary school teachers, 2630-b; keeps complete register 
of persons to whom certificates or diplomas are issued, 2630-b; may duplicate 
certificates of other states, 2630-c; may revoke certificate or diploma, 2631; 
shall require fee for examination, 2631; shall pay all moneys into state treas- 
ury, 2631; shall keep a detailed account of moneys received and expended, 
and publish such account, 2633; compensation of members, 2634-a; compensa- 
tion of assistants, 2634-a; may issue certificates to graduates of college and 
normal school graduates, 2634-f; shall inspect accredited schools, 2634-c; 
shall examine graduates of accredited schools, 2634-d; all licenses to teach 
must be registered, 2734-q; must prepare list of library books, 2823-p. 

Board of stjpebvisors, may submit question of establishing county high .school, 
2728; appoints trustees county high school, 2728;. may fill vacancies in trus- 
tees of county higli school, 2729; requires bond of trustees, 2729; shall levy 
tax to build, 2731; county superintendent not to be a member of, 2734-b; 
shall provide room at county seat for county superintendent, 2734-c; may 
appropriate additional funds for support of institute, 2738; may allow county 
superintendent additional compensation, 2742; shall levy special schoolhouse 
tax voted by subdistrict upon itself 2753; shall levy tax for new independent 
school district, 2796; shall levy taxes for school funds, 2807; shall levy 
county tax of one to three mills, 2807; shall levy tax to pay bonds or inter- 
est due, 2813; included in county board of education, 2831. 

Board ov trustees, of county high school who shall constitute, 2728; county 
superintendent member and president of, 2728; shall qualify, 2729; election 
of, 2729; in three classes, 2729; shall appoint secretary and treasurer, 2729; 
shall select site for school, 2730; shall estimate funds needed, 2730; shall 
proceed to build, 2731; shall employ teachers, 2731; shall have annual re- 
ports made, 2731; compensation members of, 2731; shall approve rules and 
regulations, 2732; shall admit students from county without charge, 2732; 
may admit from outside th3 county, 2732; shall make no purchase in excess 
of funds on hand, 2731. 

B'OARD OF TRUSTEES, of normal school, shall elect officers, 2675; shall make rules 
and regulations, 2676; may charge for contingent expenses, 2676; may charge 
a tuition fee, 2676; must have effects of alcoholic drinks and narcotics 
taught, 2677; may receive scholars from same school district, 2678; shall 
report biennially to governor, 2680. 

Board of trustees, of state college of agriculture and mechanic arts shall man- 
age the college, 2646; shall designate the number from each county entitled 
to free tuition, 2649. 

Bond, of officer, of treasurer normal school, 2675; of trustees courlty high school, 
2729; of treasurer county high school, 2729; of secretary and treasurer of 
board, 2760; shall be filed with the president, 2760; president shall bring 
action on, 2760; of contractor to build, 2779; of person appointed to keep 
books and supplies for sale, 2824; of publishers, suit on, 2827; of contractor 
furnishing books or supplies, 2830; surety companies accepted on, 2830. 

Bonds, may not be voted without notice, 2746; women may vote on question 
of issuing, 2747; board may issue to pay indebtedness, 2812-c; voters may 
vote, 2812-d; signed by president, 2812-e; countersigned by secretary, 2812-e; 
when payable, 2812-e, 2812-f; cost of engraving and printing paid from con- 
tingent fund, 2812-e; treasurer keeps record to whom bonds are sold, 2812-f; 
form and other requirements of, 2812-e; not to be disposed of for less than 
par value, 2812-e; must be paid in order of issuance, 2812-f; tax to pay 
bonds or interest due, 2813; in excess of one and one-fourth per cent, 2820-a, 

Books, see Text-books, 



INDEX 133 

BouNDABiES, of dlvisions for attendance at school, 2773; changed by attaching 
territory, 2791; changed by restoration of territory, 2792; of contiguous cor- 
porations, 2793; established to form independent school district, 2794; to 
form consolidated corporation, 2794-a; subdivision of independent districts, 
2798; uniting independent districts, 2799; division of school township into 
subdistriots, 2801; alterations in subdistrict, designated on plat, 2801; de- 
scription of, recorded in records of school township, 2801; copy description 
of changes delivered to county treasurer and auditor, 2801; of subdistricts 
must conform to congressional divisions, 2801; changes in subdistrict, take 
effect at next subdistrict election, 2801; division of assets and liabilities, 
2802. 

Bbanches of study, in normal school, 2676; trustees In normal school shall 
have effects of stimulants taught, 2677; in county high school, 2732; added 
to course of study by voters, 2749; determined by board, 2772. 

Canvass of votes, to establish county high school, 2728; at annual meeting 
of voters, 2746; at annual subdistrict meeting, 2751; in (districts of 5,000 
or over, divided into election precincts, 2756; when oflBlcers of board are 
chosen, 2757; record of, to be kept by secretary, 2761; when vacancy among 
officers or members of board occurs, 2771; when formation of independent 
school district is voted upon, 2795; when consolidated corporation is organ- 
ized, 2794-a; when vote is taken to form rural independent school districts 
frora subdistricts of school township, 2797; to unite independent districts, 
2799; to unite rural independent school districts into school township, 2800; 
when county uniformity is voted upon, 2832. 

Certificate of election, to directors elected, 2746, 2756; to director of sub- 
district, 2751. 

Certificate of teacher — county, examination for, 2734-e to 2734-n; for special 
studies, 2734-e; term of, 2734-g, 2734-h, 2734-i, 2734-j, 2734-t; revocation of, 
2734-u; fee for, 2734-p; every teacher must have, 2788. 

Certificate or diploma — state, granted upon examination, 2629; list of sub- 
jects, 2629; certificate given to primary teachers, 2630-b; validation of cer- 
tificates of other states authorized, 2630-c; how long valid, 2631; revocation 
of, 2631; fee for, 2631; registration of, 2734-q; of graduates of approved 

• schools, 2634-b to 2634-e; of colleges and normal schools, 2634-f to 2634-h. 

Chairman, superintendent public instruction president board educational exam- 
iners, 2628; superintendent public instruction president board trustees nor- 
mal school, 2675; county superintendent president board trustees county 
high school, 2728; president of board acts as, of annual meeting of district, 
2746; voters select, of subdistrict meeting, 2751; president of board acts as, 
at all meetings of board, 2759; temporary, appointed when regular officer 
is absent, 2772; county superintendent is, of county board of education, 2833. 

Change of boundaries, see Boundaries. 

Charts, may be purchased with contingent fund, 2783. 

Child, see Scholar. 

City and town districts, see Independent School District. 

Civil township, name applied to school township, 2744; meetings of board may 
be held at any place in same, 2757; when formed constitutes a school town- 
ship, 2790; lines of, shall not prevent attachment to territory, 2791; bound- 
aries of not a bar to change of boundaries of school districts, 2793; rural 
independent school districts of, may be united into a school township, 2800. 

Claims, for traveling expenses superintendent public instruction, 2627; for 
expenses board educational examiners, 2634-a; traveling expenses of county 
superintendent, 2734-b; for traveling expenses treasurer normal school, 2681; 
for trustees county high school, 2731; for expenses county superintendents 
filed with county auditor, 2742; for expenses incurred, kept by secretary, 
2761; audited and allowed by board, 2780; when changes of boundaries are 
made, 2802; for damages when site is condemned, 2815, 



134 INDEX 

Ci/EBK OF EoicTioN, Secretary acts as, of annual meeting, 2746; for subdistrict 
meeting, chosen by voters, 2751; appointed in each precinct of districts of 
5,000 or over, divided into precincts, 2756; shall record result of votes at 
annual meeting, 2761. 

Compensation, of superintendent public instruction, 2627; of his deputy, 2627; 
of board of educational examiners, 2634-a; of teachers in normal school, 2676; 
of secretary normal school, 2681; of treasurer normal school, 2681; of 
trustees county high school, 2731; of teachers county high school, 2731; 
of county superintendent, 2742; to be paid teachers, 2778; of secretary and 
treasurer, 2780; no member of board may receive, 2780; not recovered by 
teacher for services without certificate, 2788; of referees, 2815; to owner 
of sohoolhouse site condemned, 2815; to witnesses in appeal, 2821; to person 
keeping books and supplies for sale, 2824; of registrars, 2755. 

CoMPiTLsoEY EDUCATION, of What children, 2823-a; how enforced, 2823-f; pun- 
ishment for violation of statute, 2823-h; appointment and duties of truant 
officers, 2823-e; duties of teachers and officers, 2823-g; school census, 2823-i. 

Concurrent action, of county superintendent and board in attaching territory, 
2791; of boards in restoring territory, 2792; of electors, county superin- 
tendent and board, in restoring territory, 2792; of boards in changing 
boundary lines, 2793; of boards in detaching territory to form an inde- 
pendent district, 2798; of boards in uniting independent districts, 2799; of 
boards in agreeing on terms of attendance, 2803; of county superintendent 
and board where children attend, 2803. 

Condemnation, of land for schoolhouse site or public road, 2815. 

CONDXJCTOE OP institute, sbb Teachers' Normal Institute. 

Consolidation of districts, organization of, 2794-a; independent districts may 
unite, 2799; rural independent school districts may unite into a school town- 
ship,. 2800. 

Contingent fund, see Funds. y 

Contracts, trustees normal school may make, with board of directors, 2678; 
by trustees county high school, 2731; voters may authorize, 2749; president 
must sign, 2759; by board with other districts for instruction of children, 
2774; for transportation to and from school, 2774; directed by voters, must 
be made by board, 2778; with teachers, must be in writing, 2778; with 
teacher, filed with secretary, 2778; to build at a cost exceeding $300 must 
be made by advertisement, 2779; to build shall be let to lowest bidder, 2779; 
director of subdistrict may make, for purposes mentioned, 2785; when made 
by director of subdistrict, must be approved by president and reported to 
board, 2785; between boards regarding attendance, 2803; for adoption of 
text^books, 2824; for text-books by board of directors or county board of 
education, 2830. 

Convention, superintendent public instruction may call, of county superin- 
tendents, 2622; county superintendent receives expenses for attendance at, 
2742. 

Corporate name, of School Districts, 2744. 

Corporation, see School District. 

Corporations, limits, how changed, 2793, 2793-a; may accept bequests, 740, page 
117. 

Costs, of maKing referees' assessment, paid by school district, 2815; in appeal, 
taxed to party responsible for appeal, 2821; of prosecution when schobl offi- 
cer acts as agent or dealer in text-books, 2834. 

Counsel, may be employed by board, 2759. 

County, failing to make report, county superintendent shall forfeit $50 to 
school fund of, 2741; action against county superintendent for failure to 
make report brought by, 2741; township or county lines not a bar to attach- 
ing territory, 2791; territory set off to another, may be restored, 2792; 
attendance from adjoining, may be allowed, 2803; provisions relating to pay- 
ment of school bonds, 2812-f; uniformity of text-books in, 2832. 



INDEX 135 

County attgbney, shall assist county superintendent in enforcing laws, 2740; 
shall hring action upon request of county superintendent, 2740. 

County auditor, county superintendent files statement with, of oflBce expenses, 
2742; records plat of changes in subdistrict boundaries, 2801; deducts amount 
of tuition from apportionment, 2803; makes semi-annual apportionment, 
2808; notifies president of apportionment, 2808; certifies qualification of 
county superintendent, 2809; forwards certificate interest on school fund 
to auditor of state, 2809; is member county board of education, 2831; is 
secretary county board of education, 2833; shall keep school laws for sale, 
2823-k; must report sales to auditor of state, 2823-1; must pay money re- 
ceived from sales to county treasurer, 2823-1; transmit estimates to super- 
tendent of public instruction, 2S23-J. 

County high school, any county may establish, 2728; board of supervisors 
submits question .of establishing, 2728; votes for and against canvassed, 
2728; board of supervisors appoints trustees, 2728; county superintendent 
member of board and president, 2728; when and how trustees are elected, 
2729; vacancies in board filled by appointment of board of supervisors, 
2729; oath and bond of trustees, 2729; terms of office of trustees, 2729; 
secretary and treasurer of, appointed from board, 2729; treasurer gives 
bond as such, 2729; board selects site, 2730; makes estimate of funds needed, 
2730; presents estimate to board of supervisors, 2730; tax not to exceed two 
mills, 2730; tax levied and collected, 2730; tax paid to treasurer of, 2730; 
board makes purchases and contracts for, 2731; employs teachers, 2731; 
provides for payment of salaries, 2731; annual report of, made to board of 
supervisors, 2731; annual report of, printed in at least one newspaper in 
county, 2731; copy forwarded to superintendent of public instruction, 2731; 

■ compensation of trustees, 2731; rules and regulations made, 2732; refractory 
students may be expelled, 2732; tuition in, free to residents of county, 
2733; apportionment of students, 2732; students from other counties may 
be admitted, 2732; question of tax levy for buildings must be submitted to 
voters, 2728; board to select the best site that can be obtained without 
expense to the county, 2730; contract for building cannot be made in excess 
of amount voted, 2730; an outlay exceeding five hundred dollars must be 
submitted to the electors, 2730; ma,y be abolished, 2733; petition and elec- 
tion to abolish, 2733. 

County sutebintendent, shall distribute school laws, 2624; member board trus- 
tees county high school, 2728; president board trustees county high school, 
2728; may be of either sex, 2734-b; shall hold certificate or diploma, 2734-b; 
ineligible as school director or member board supervisors, 2734-b; may 
appoint deputy, who cannot visit schools or try appeals, 2734-b; shall com- 
ply with directions from superintendent public instruction, 2734-b; shall 
transmit communications, 2734-b; shall visit schools, 2734^b; shall conduct- 
examiinations for county certificates, 2734-c; may request special examina- 
tions, 2734-s; shall conduct special examinations appointed for his county, 
2734-s; shall keep a record of all examinations, 2734-f; shall collect a fee 
from every candidate admitted to the examination, 2734-p; shall deposit 
one-half of examination fee with county treasurer and one-half with state 
treasurer, 2734-p; shall register certificates and collect registration fees, 
and shall deposit same with the county treasurer, 2734-q; shall revoke cer- 
tificates for cause, 2734-u; shall hold a normal institute, 2738; shall require 
an enrollment fee and shall deposit same with the county treasurer, 2738; 
shall draw no OTder on institute fund except for bills approved, 2738; shall 
report annually to superintendent public instruction, 2739; shall file enu- 
meration with county auditor, 2769; shall report to institutions, 2739; shall 
'enforce school laws, 2740; may require assistance of county attorney, 2740; 
shall forfeit $50 for failure to make report, 2741; shall receive compensa- 
tion, 2742; shall receive expenses for attendance at convention of county 
superintendents, 2742; shall file statement of traveling expenses, 2734-b; 
shall file statement office expenses, 2742; notified by secretary when each 
school begins, 2765; receives annual report from secretary, 2765; receives 
report of officers of district, 2766; receives annual report from treasurer, 
2769; may release board from obligation to have school taught, 2773; may 



136 INDEX 

County Superintendent— Continued. 

grant kindergarten certificate, 2777; approves plans for sohoolhouse, 2779; 
shall call attention ot board to neglect to protect shade trees, 2787; gives 
notice of first meeting in new school township, 2790; shall attach territory to 
another district, 2791; shall concur in restoration of territory, 2792; may con- 
cur in attendance, 2803; certificate of qualification of, made by county 
auditor, 2809; appoints referees to condemn schoolhouse site, 2815; gives 
notice to owner of land, 2815; receives afiidavit of appeal, 2818; notifies 
secretary to file transcript, 2819; notifies interested parties of hearing, 2819; 
hears testimony ;and decides appeal, 2819; appeal from decision of, 2820; has 
power to issue subpoenas, 2821; files transcript of costs of appeal with clerk 
of court, 2821; may be consulted in adoption of text-books, 2828; is cus- 
todian of samples of text-books, 2830; member county board of education, 
2831; receives petitions for county uniformity, 2831; is chairman county 
board of education, 2833; reports list of books, with contract prices, 2833; 
may not act as agent or dealer in text-books or supplies, 2834; must report 
to board of supervisors, 2738; must report violations of compulsory school 
law, 2823-f. 

CoTJNTY TREASUKER, pays over tax to county high school, 2730; receives institute 
fund from county superintendent, 2734-p, 2734-q, 2738; records changes in 
subdistrict boundaries, 2801; pays apportionment due, 2808; gives notice 
quarterly of taxes collected, 2810; pays taxes to district treasurer, 2810; 
keeps taxes for schoolhouse purposes separate, in each subdistrict, if neces- 
sary, 2810; amount found by referees deposited with, 2815. 

Course of study, shall be prescribed by board, 2772; .in graded or union 
schools, must be approved by superintendent public instruction, 2776; in 
accredited schools to be inspected and approved by board of educational 
examiners, 2634-b, 2634-c; persons taking, in accredited schools, to be re- 
ported, 2634'd, 2634-e. 

Deaf and dumb, number of, of school age, reported to superintendent school 
for the deaf, 2739 ; of school age, reported to county superintendent by secre- 
tary, 2769. 

Decisions, in appeal, by superintendent public instruction, 2623; important, 
included in volume of school laws, 2624; of board may be appealed from, 2818; 
of county superintendent final unless appealed from, 2819; of superintendent 
public instruction final, 2820. 

Depositories, arranged for by county board of education, 2832. 

Deputy, of superintendent public instruction, 2621; of county superintendent, 
2734. 

Diploma, see Certificate or Diploma. 

Director, in independent districts,term of, 2745; may be of either sex, 2748; 
number in independent districts, 2754; tie vote for, publicly determined by 
lot, 2754; annual and special meetings of board, 2757; qualifies on or before 
third Monday in March, 2758; shall take oath, 2758; any member may ad- 
minister official oath to, 2758; holds until successor is qualified, 2758; va- 
cancy filled by appointment, 2758; surrenders office to successor, 2770; in 
school township may be instructed by board to make certain contracts, 
2785; penalty for wilful failure or neglect of duty, 2822. 

Director, in school townships, of subdistrict, chosen for one year, 2745; may 
be of either sex, 2748; gives notice of subdistrict meeting, 2751; elected in 
subdistricts, 2751; number in school townships, 2752; may be authorized 
by board to employ teachers in his subdistrict, 2778; may be authorized by 
board to make contracts for fuel and in like matters, 2785; shall prepare 
annually list of children in subdistrict of school age, 2785; shall report list 
to secretary of school township, 2785; may have industrial exposition held, 
2786; elected for new subdistrict, 2801; must enforce compulsory attend- 
ance law, 2823-f. 



■ INDEX 137 

Dismissal, of teacher, 2782; of scholar, 2782. 

Distribution, of cloth hound school laws, 2624; of paper bound school laws, 
2624, and 2823-k. 

District, see School District. 

District court, appeal may be taken to, from assessment made by referees, 
2815; transcript of costs in appeal filed by county suiperintendent in office of 
clerk of, 2821. 

District treasurer, see Treasurer. 

Division, into election precincts of 5,000 or over, 2755; into wards for attendance, 
2773; of independent districts to form two or more, 2798; of school township 
into subdistricts, 2801; of assets and liabilities, 2802. 

Dwelling, see residence. 

Education, general constitutional provisions relating to, page 118, school fund 
and lands under control of general assembly, page 118; fines, how applied, p. 
118; method of distribution of funds, page 118. 

Educational Iixaminers, see Board of Educational Examiners. 

Educational journal, superintendent public instruction may subscribe for, 
2624. 

Election, to vote upon establishment of county high school, 2728; to choose 
trustees for county high school, 2779; in all districts, 2746; qualifications to 
vote at, 2747; of director of subdistrict, 2751; in independent districts, 2754; 
of treasurer by voters, in independent school districts, 2754; precincts in 
districts of 5,000 or over, 2755; of officers of board, 2757; notice of, 2763; to 
fill vacancies among officers or members of'hoard, 2771; to form independent 
school district, 2794; to form consolidated districts, 2794-a; to choose board 
for new district, 2795; to form rural independent school districts, 2797; to 
subdivide independent district, 2798; to unite independent districts, 2799; 
to unite rural independent school districts into a school township, 2800; 
when changes in boundaries are made, boards continue to act until next, 
2802; to vote bonds, 2812-d, 2820-a to 2820-d; to change or displace text- 
books, 2749, 2829; to vote on county uniformity, 2831; to vote on free text- 
books, 2836; to vote on the abcrshment of county high school, 2733. 

Election precincts, in districts of 5,000 or over, 2755; register of voters in, 
2755; conduct of elections in, 2756; registrars in, 2755; compensation of 
registrars, 2755. 

Electors, see Voters. 

Elements of vocal music, instruction in, authorized, 2823-*s; must be taught 
in normal institutes, 2823-t. 

Eligibility for office, one appointed member board educational examiners 
must be a woman, 2628; county superintendent must hold first grade certifi- 
cate or state certificate or diploma, 2734-b; county superintendent may be 
of either sex, 2734-b; county superintendent may not be a school director or 
member of board of supervisors, 2734-b; officer or member of board may 
be of either sex, and must be a citizen and resident, 2748; if a man, must 
be a 'qualified voter, 2748; secretary and treasurer must be chosen outside 
the board, 2757; no teacher or other employe of board eligible as secretary 
in any independent district, 2757. 

Employe, no teacher or other, of the board eligible as secretary in any inde- 
pendent district, 2757. 

English language, all instruction shall be given in, 2749. 

Enumeration, reported to auditor of state, 2625; register of, kept by secretary, 
2764; reported to county superintendent, 2765; list of, prepared by director 
of subdistriot, 2785; seven to fourteen, 2823-i. 



138 INDEX 

Examination, for state certificate or d ploma, 2629; for county certificates, 
2734-a to 2734-t; record of, 2734-f; _ee for, 2631, 2734-p; upon kindergarten 
principles and methods, 2777; of graduates of approved schools, 2634-b to 
2634-e. 

Examinees, see Board of Educationai Examiners. 

Extending cobpoeations, effect of, 2793-a. 

Expenses, traveling, of superintendent public instruction, 2627; necessary, of 
member board educational examiners shall be paid, 2634-a; of person ap- 
pointed to assist in conducting examination, 2634-a; actual traveling, of 
treasurer normal school to be paid, 2681-a; of county superintendent, 2784-b, 
2742; of readers of answer papers and clerks, 2734-n; for counsel in suits, 
2759; account of, incurred by district, kept by secretary, 2761; statement of, 
made to board by treasurer, 2769; full statement of, made by board to 
annual meeting, 2780; statement of, in independent school districts pub- 
lished, 2781; estimate of, for following year published in detail, 2781; for 
tuition when scholars attend by concurrence of county superintendent and 
board, 2893; average proportion of contingent, 2803; when schoolhouse site 
is condemned, 2815; as costs of appeal, 2821. 

Exposition, see Industrial Exposition, 2786. 

Expulsion of scholar, by majority vote of the board, 2782. 

Families, list of heads of, prepared by director of subdistrict, 2785. 

Fee, for state certificate, 2631; for state diploma, 2631; paid into state treasury, 
2631; contingent, at normal school, 2676; tuition, at normal school, 2676; 
tuition, at county high school, 2733; enrollment, at institute, 2738; of every 
applicant for a certificate, 2734-p; transmitted to county treasurer, 2738 
and 2734-p; for registration of certificates and diplomas, 2734-q; tuition, for 
attendance in another district, 2774; for transportation of children, 2774; 
tuition, for attendance, 2803; of witnesses in appeal, 2821; for certificate 
to graduates of approved accredited schools, 2634-d. 

Feeble-minded, county superintendent reports, to institution for, 2739. 

Fences, may be provided for schoolhouse sites, 2773; barbed wire shall not be 
used for, of schoolhouse grounds, 2817; where sites adjoin fields, 2745-a, 
2745-b. 

Fidelity companies, see Surety Companies. 

Financial statement, made by treasurer to board, 2769; made by board to 
voters, 2780; published in each independent school district, 2781. 

Fines, see Penalty. 

FoEFEiT, of county superintendent for failure to make report, 2741 ; upon breach 
of bond of secretary or treasurer, 2760; of compensation of teacher for serv- 
ices rendered without certificate, 2788; for violation of provisions regarding 
use of barbed wire, 2817; for wilful violation of law, or for wilful failure 
or refusal to perform duty, 2822; for neglect or refusal of contractor to 
furnish text-books at lowest price, 2827. 

FoEMATiON OF INDEPENDENT DISTRICT, including a city, town, or village, 2794; 
consolidated district, 2794^a; from subdistricts of school township, 2797; by 
subdividing independent district, 2798; by uniting independent districts, 2799. 

FoEMS, see Index to the Forms, page 173. 

Fuel, bought with contingent fund, 2768; director of subdistrict may contract 
for, under direction of the board, 2785. 

Funds, secretary keeps separate account with each fund, 2761; secretary cer- 
tifies amounts recLuired for contingent and teachers' funds, 2767; secretary 
certifies the amount of tax voted by the electors for the schoolhouse and ■ 
school building bond funds, 2767; schoolhouse, contingent, and teachers' 
defined, 2768; separate account kept with each, by treasurer, 2768; order 



INDEX 139 

Funds — Continued . 

must specify fund and object, 2768; annual report of treasurer must show 
separate, 2769; Insurance paid with contingent, 2783; library books and 
apparatus bought with contingent, 2783; free text-books provided from con- 
tingent, 2783; teachers' and contingent, estimated by board, 2806; amount 
for contingent, not to exceed $5 per scholar, 2806; amount for transporta- 
tion of children not to exceed $5 per scholar, 2806; amount for teachers' fund 
not more than $15 per scholar, 2806; $75 for each school may be levied for 
contingent fund, 2806; $270 for each school may be levied for teachers' 
fund, 2806; interest on permanent, apportioned, 2808. 

Garden, may not be taken by condemnation for schoolhouse site, 2814. 

GovEENOE, records in office superintendent public instruction open to inspection 
of, 2621; reports to, made biennially by superintendent public instruction, 
2625; two members educational board examiners appointed by, 2628; report 
to, made by board trustees normal school, 2680. 

Gkaded ob union schools, may be established by any board, 2776; course of 
study in, must be approved by superintendent public instruction, 2776. 

Guaedian, name of parent or, registered by secretary, 2764; school taxes paid 
by, in an independent district may be deducted from tuition of ward, 2804; 
ward may not be required to read bible contrary to wishes of, 2805; must 
cause child to attend school, 2823-a. 

Highways, voters may authorize board to obtain, 2749; voters may vote school- 
house tax for opening, 2749; special meeting of district may vote school- 
house tax to procure, 2750; schoolhouse site taken by condemnation must 
be on a public highway, 2814. 

Impeovements, value of, repaid by owner when site reverts, 2816; tax to pay 
money borrowed for, in an independent school district must be levied, 2813. 

Incumbent, treasurer holds until successor is elected and qualified, 2754; term 
of, treasurer expires on July first, 2754, 2757; director holds until successor 
is elected and qualified, 2758. 

Indebtedness, in division of assets and liabilities, 2802; judgment, shall be paid, 
2811; bonds to pay judgment, may be issued, 2812-b; tax to pay bonds or 
interest due, 2813; original, shall not be incurred by issuance of bonds, until 
voters have so authorized, 2823; may not be contracted to purchase books 
and supplies to be resold, 2825; limit of, 1306-b, page 92, 2830-a, page 92. 

Independent school district, corporate name, 2744; board of, 2745; number of 
directors in, 2754; treasurer of, elected by voters, 2754; in independent dis- 
tricts below 5,000, polls open at 1 p.m. and remain open not less than five 
hours, 2754; of 5,000 and over, shall be divided into election precincts, 2755; 
of 5,000 and over, divided into election precincts, polls shall be open from 9 
o'clock A. M. until 7 o'clock p. m., 2756; no teacher or other employe of, 
eligible as secretary, 2757; higher schools in, 2776; board may establish 
kindergarten departments in 2777; board of, must publish finanoial state- 
ment, 2781; water-closets in, 2784; change of iDOundaries, 2793; formation of, 
2794, 2794-a; organization of, 2795; subdivision of, 2798; uniting of, 2799; 
may borrow money by issuing bonds, 2812-b, 2812-c; tax to pay bonds or 
interest due, 2813; city or town not under county uniformity, 2835; schools 
in, may adopt and buy same books adopted by county board of education, 
2835. 

Index to forms, page 173. 

Indorsement, of unpaid orders by treasurer, 2768. 

Industeiax exposition, board may provide for in each school, 2786; director 
of subdistrict may provide for, 2786; of what consists, 2786; kind and plan 
of articles exhibited at, explained, 2786; parents and friends invited to be 
present at, 2786; ornamental work encouraged, 2786; held in the schoolroom 
not oftener than once a month, 2786. 

\ 



140 INDEX 

Institute fund, see Teachers' Normal Institute. 

Institute, see Teachers' Normal Institute. 

Insurance, oontingemt fund may be used to pay, 2783. 

Interest, provision should be made for interest of bonds, 2767; six per cent on 
unpaid orders after indorsement, 2768; of permanent school fund a part of the 
apportionment, 2808; on bonds may not exceed six per cent, 2812-e; tax to 
pay interest due on bonds must be levied, 2813; may not be taken upon pur- 
chase price when schcolhouse site reverts, 2816. 

Joint districts, on account of natural obstacles, 2791; restoration of portion of, 
to district in which it geographically belongs, 2792. 

Judges of election, at annual meeting, who are, 2746; if absent, voters present 
appoint, 2746; shall issue certificates to directors elected, 2746; vote can- 
vassed by, 2751; tie vote publicly determined by lot, 2754; in districts of 
over 5,000, divided into election precincts, board acts as judges, 2756; to 
organize independent school district, 2794; to organize a consolidated 
district, 2794-a. 

Judgment, against a district paid from proper fund, 2811; if not paid, voters 
vote schoolhouse tax to pay, 2811; if unpaid and no tax is voted, board shall 
certify to board of supervisors amount required to pay, 2811; bonds may be 
issued to pay, 2812-c; county or state superintendent may not give for money, 
2820; county superintendent shall tax all costs to party responsible for ap- 
peal, 2821; clerk of court shall enter, for costs of appeal, 2821. 

Jurisdiction, each district has exclusive, over all its territory, 2743; powers 
granted by law apply alike to all districts, unless otherwise stated, 2823. 

Kindergarten, in any independent school district, 2777; teacher in must hold 
kindergarten certificate from county superintendent, 2777. 

LiAND, for schoolhouse site or highway, may be taken by condemnation, 2814. 

Language, teacher may have special certificate for, 2736; voters may determine 
that a foreign language shall be taught as a branch, 2749; schools must be 
taught in English, 2749. 

Levy of taxes, see Taxes. 

Liabilities, see Assets and Liabilities. 

Libraries, funds for, how set apart, 2823-n; books for, how purchased and dis- 
tributed, 2823-0; lists of books for, how prepared, 2823-p; records, how kept, 
2823-q; librarian, how selected, 2823-r. 

Library, tax to procure, may be voted by annual meeting, 2749; number of vol- 
umes in, reported, 2765; books, for, furnished with contingent fund, 2783. 

Limit, annual meeting may vote not exceeding ten mills for schoolhouse fund, 
2749; subdistrict may vote additional schoolhouse taxes, but not to exceed 
fifteen mills in all, 2753; not to exceed $25 annually for each schoolroom 
may be used to purchase dictionaries, library books, maps, charts and ap- 
paratus, 2783; of taxes, 2806; of county school tax, 2807; in paying judgment 
indebtedness, only funds available for that purpose may be used, 2811; of 
time that bonds are to run, shall not be more than ten years, 2812-e; of tax 
to pay principal or interest due, shall not exceed five mills, 2813; real estate 
taken for schoolhouse site not to exceed one acre, 2814; contingent fund 
certified to purchase books and supplies to be resold, shall not exceed $1.50 
for each person of school age, 2825; limit of indebtedness, 1306-b, page ; 
2820-a. 

Majority vote, not required to elect director of subdistrict, 2751; majority of 
board a quorum, 2771; of board required to disoharge teacher, 2782; of board 
required to expel scholar, 2782; of votes required to organize an independent 
oity, town or village corporation, 2794; of votes necessary to organize a con- 
solidated district, 2794-a, 2820-f, page 77; of votes cast in each subdistrict, 
necessary to change subdistricts of school township into rural independent 



INDEX 141 

Majority Vote — Continued . 

school districts, 2797; of voters in each proposed district required when one 
district in subdivision of independent district contains less than two sec- 
tions, 2798; of votes cast in each district necessary to unite independent 
districts, 2799; of votes cast in civil township divided into rural independent 
school districts makes each rural independent school district a subdistrict 
of a new school township, 2800; of all members of board necessary to change 
subdistrict boundaries, 2801; two-thirds of votes necessary to increase in- 
debtedness beyond one and one-fourth per cent, 2820-d, page 93; majority 
of votes of annual meeting necessary to authorize board to change or dis- 
place text-books before expiration of contract, 2829; necessary to adopt county 
uniformity, 2832; necessary to authorize free text-books, 2837. 

Maps, may be purchased with contingent fund, 2783. 

Meetings of dikectobs, regular, when held, 2757; special, how called, 2757; 
where held, 2757; to elect oflScers, 2757; to estimate school taxes, 2806. 

Member of board, see Board of Directors. 

Misdemeanor, in case of failure of county superintendent to make report, 2741; 
in case of breach of bond of secretary or treasurer, 2760; in case of violation 
of provisions regarding barbed wire, 2817; in case of wilful failure or refusal 
to perform duty, 2822; In case school director, teacher, or member county 
board of education acts as agent or dealer in text-books, 2834. 

Money, see Funds. 

Music, elements of vocal music required, 2823hs; must be taught in normal 
Institute, 2823-t. 

Name, of school district, 2744. 

Narcotics, see Alcoholic Drinks. 

Neglect of duty, in case of breach of bond of secretary or treasurer, president 
brings action, 2760; board shall require performance of duty, 2772; teacher 
may be discharged for, 2782; penalty for use of barbed wire near schoolhouse 
grounds, 2817; penalty for wilfully failing or refusing to perform duty, 2822; 
suit on bond of publisher to be brought, if books are not furnished at very 
lowest price, 2827; director, officer, teacher, or member county board of edu- 
cation, may not act as agent or dealer in text-books or supplies, 2834. 

Newspaper, notice of annual meeting in election precinct published for two 
weeks in, 2755; bids must be invited by advertisement in, for four weeks 
before contract to build may be made for more than $300, 2799; financial 
statement of independent school district published in, two weeks before 
annual meeting, 2781; before purchasing text-books, board of directors or 
county board of education must publish notice in, for three weeks, 2828. 

Nonresidents, board may contract for attendance in another district, 2774; may 
attend in another district by agreement of boards, 2803; may attend in an- 
other district by concurrence of county superintendent and board, 2803; may 
attend on such terms as the board may determine, 2804. 

Non-user of site, for two years, cause site to revert, 2816. 

Normal institute, see Teachers' Normal Institute. 

Normal school, location and object, 2675; controlled by board of trustees, 2675; 
officers of board, 2675; treasurer of, to give bond, 2675; board of, employs 
teachers, 2676; session of, must continue at least 26 weeks, 2676; effects of 
alcoholic stimulants must be taught in, 2677; biennial report of, made to gov- 
ernor, 2680; compensation of officers of, 2681; appropriation for, 2682. 

Notice, of appointment of institute, 2622; of election to establish county high 
school, 2728; to teacher, of charges, 2734-u; of annual meeting, must be 
posted, 2746; for submitting proposition to voters, 2749; of special meeting 
of voters, 2750; of subdistrict meeting, 2751; of special subdistrict meeting, 
2753; in each election precinct, 2755; of special meeting of board, 2757; given 



142 INDEX 

Notice — Continued . 

by secretary of special meetings of voters, 2763; of special meeting, 27^3; of 
receipts and disbursements in independent school districts, 2781; to teacher, 
before trial, 2782; of first meeting in new school township, 2790; for forma- 
tion of independent school district, 2794; for formation of consolidated dis- 
trict, 2794-a; to elect a board of directors, 2795; to vote upon changing to 
rural independent school districts, 2797; for subdivision of independent 
districts, 2798; for uniting independent districts, 2799; for uniting rural 
independent school districts into a school township, 2800; of concurrent 
consent for attendance, 2803; to president of apportionment due, 2808; to 
president of taxes due, 2810; of meeting to vote bonds, 2812-d; to owner of 
bonds, 2812-f; to owner of schoolhouse site condemned, 2815; of appeal from 
assessment, 2815; to secretary to file transcript, 2819; of hearing of appeal, 
2819; of appeal to state superintendent, 2820; of meeting to vote bonds 
in excess of one and one-fourth per cent, 2820-c, page 93; to accept bids 
for text-books, 2828; of election on county uniformity, 2831; of voting upon 
free text-boolcs, 2836. 

Oath, any member of the board may administer oath of qualification to a mem- 
ber elect, and to the president, 2758; of what oath consists, 2758; of secretary 
and treasurer, 2760; of referees to condemn schoolhouse site, 2815. 

Office, see Qualification for Office. 

Official bonds, see Bonds. 

Opinions, superintendent public instruction shall render, regarding the school 
law, 2623. 

Orchard, not to be taken by condemnation for schoolhouse site, 2814. 

Ordees, secretary shall draw, 2762; secretary shall countersign, 2762; secretary 
shall keep register of, 2762; secretary shall furnish register of, to board, 
2762; treasurer shall register, 2768; treasurer shall pay, 2768; must state 
fund on which it is drawn, 2768; part payment of, may be made, 2768; un- 
paid to draw Interest after indorsement, 2768; shall not be drawn until 
claim has been audited, 2780; to pay judgment, 2811. 

Organization, of annual meeting, 2746; of subdistrict meeting, 2751; of board of 
directors, 2757; of new school township, 2790; of independent school district, 
2795; on or before first day of August, 2796; of rural independent school dis- 
tricts from subdistricts of school township, 2797; of independent district out 
of territory detached from other independent districts, 2798; of independent 
district by uniting other independent districts, 2799; of school township from 
rural independent school districts of civil township, 2800; of new subdistrict, 
2801; of county board of education, 2833. 

Owner, in certain cases, may object to site nearer than thirty rods from his resi- 
dence, 2814; refusing or neglecting to give site or road thereto, land may be 
taken by condemnation, 2815; secures premises when site reverts, 2816. 

Parent, name of, registered by secretary, 2764; list of heads of families kept by 
director of subdistrict, 2785; school taxes paid by, in any independent dis- 
trict, may be deducted from tuition of non-resident child, 2804; child may not 
be required to read bible contrary to wishes of, 2805; shall cause child to 
attend school, 2823Ha. 

Park, may not be taken by condemnation for schoolhouse site, 2814. 

Penalty, of county superintendent for failure to make report, 2741 ; board fixes, 
in bond of secretary and treasurer, 2760; for failure or refusal to perform 
duty, 2822; shall be applied to use of schools, 2822; for failure to cause 
children to attend school, 2823-a; for failure by officers to enforce com- 
pulsory school law, 2823-f. 



" " ' " ^ INDEX . 143 

Petition, for formation of independent school district, 2794; to form consoli- 
dated districts, 2794-a, page 76; to form rural independent school districts 
from isubdistricts of school township, 2797; for uniting Independent dis- 
tricts, 2799; to unite rural independent school districts into a school town- 
ship, 2800; for county uniformity of text-books, 2831; to abolish county high 
school, 2733: for increasing limit of indebtedness, 2820-b, page 93. 

Physiology and hygiene, with reference to effects of stimulants, must be taught 
in normal school, 2677; county superintendent must report extent to which 
requirements of the law are observed, 2739; county superintendent may re- 
quire assistance of county attorney to enforce law, 2740; must be taught 
in all schools, 2775; must be studied by every scholar, 2775; study of sub- 
ject must be completed in that class, before scholar is advanced, 2775. 

Place, superintendent public instruction determines, of teachers' normal insti- 
tute, 2622; board of educational examiners meets at such, as president may 
direct, 2629; petition for establishment of county high school must name, 
2728; site for county high school must be selected at place named in the 
petition, 2730; county superintendent must hold examination at county seat 
on last Friday, "Wednesday and Thursday preceding in January, June, July 
and October, 2731-c; of annual meeting given in notice, 2746; of subdistriot 
meeting given in notice, 2751; meetings of board held any place within same 
civil township. 2757; notice of special meeting of board must specify, 2757; 
secretary shall post notice of meetings in at least five public places, 2763; 
notice shall be posted at or near last place of meeting, 2763; each notice 
shall state place of meeting, 2763; persons notified of, where appeal will be 
heard, 2819. 

Plat, of subdistricts shall be made by secretary. 2801; written description of, 
shall he recorded in records of school township, 2801; copy of, shall be deliv- 
ered to county treasurer and auditor, 2801; shall be recorded, 2801. 

Poisons, see Alcoholic Drinks. 

Poll book, must he provided for each precinct in districts having 5,000 or over, 
divided into election precincts, 2756; secretary shall keep full record in, 2761. 

Polls, at elections in all districts except those of 5,000 or more, shall open at 1 
P.M., 2754; at subdistrict election, shall remain open not less than two hours, 
2754; in independent school districts below 5,000, must remain open not less 
than five hours, 2754; in rural independent school districts and school town- 
ships, must remain open not less than two hours, 2754; in districts of 5,000 or 
over having election precincts, shall be kept open from 9 a. m. until 7 p. m., 
2756. 

Population, in districts including cities of the first class or cities under special 
charter, board consists of seven members, 2754; in all other independent 
school districts, board consists of five members, 2754; districts of 5,000 or 
over may be divided into election precincts, 2755; any city, town, or village, 
of over 100 may become the basis of an independent school district, 2794. 

Postage, for use of county superintendent, 2742; in appeal, must be paid by 
party aggrieved, 2820. 

Posting of notices, see Notice. 

Peecincts, see Election Precincts. 

Pbesident, acts as judge of election, 2746; elected from board by ballot, 2757; 
may call special meeting of board, 2757; any member may administer oath 
of qualification to, 2758; vacancy in office of, filled by appointment, 2758; 
duties of, 2759; signs all contracts, 2759; presides at meetings of board, 2759; 
signs drafts on county treasurer, 2759; appears for district in suits, 2759; 
bonds of secretary and treasurer filed with, 2760; brings axition on breach of 
hond, 2760; temporary, appointed, 2772; signs contract with teacher, 2778; 
approves contract made by director of subdistriot and reports same to board, 
2785; certifies account for tuition to county auditor, 2803; receives notice of 
apportionment, 2808; draws AraH on county treasurer, 2810; signs district 
bonds, 2812-e; must enforce compulsory attendance law, 2823-<f. 



144 INDEX 

Peopekty, schoolliouse or other, may be disposed of by annual meeting, 2749; 
may be disposed of by special meeting, when schoolhouse is destroyed, 2750; 
value of, reported by secretary, 2765; rules for care of, made by board, 2772; 
schoolhouse, may be fenced by board, 2773; may be insured, 2783; when 
schoolhouse tax is levied on subdistrict, county treasurer shall keep amount 
separate, 2810; tax on property of district shall be levied by board of super- 
visors to pay judgment indebtedness, 2811; tax to pay bonds shall not exceed 
five mills upon the dollar, 2813. 

Propositions submitted, to establish county high school, 2728; notice of annual 
meeting given by secretary shall name propositions directed by the board to 
be submitted, 2746; board may give notice in call for annual meeting that cer- 
tain propositions named will be submitted, 2749 ; on written request of voters, 
board must give notice that proposition will be submitted, 2749; notice of sub- 
district meeting shall name amount of schoolhouse tax to be voted for, 2751; 
for special schoolhouse tax by subdistrict, 2753; in each precinct of districts 
having 5,000 or over divided into election precincts, 2755; votes for and 
against each, to be recorded by secretary, 2761; to change or displace text- 
books before expiration of contract, 2829; to vote on county uniformity, 2831; 
to vote on free text-books, 2836. 

Pkoposals to build, to exceed $300, invited by advertisement, 2779. 

Publication, see Newspaper. 

Pupil, see Scholar. 

Qualification for office, of deputy superintendent public instruction, 2621; 
oX secretary and treasurer normal school, 2675; of trustees county high school, 
2729; of secretary and treasurer county high school, 2729; by director, 2758; 
by president of board, 2758; time of, for secretary and treasurer, ten days, 
2760; by member or officer appointed, 2771; by directors of new independent 
school district, 2795. 

Qualification of sureties, see Sureties. 

Questions to be voted on, see Propositions Submitted. . , 

Quorum, majority of board shall constitute, 2771. 

Rate of taxation, see Taxes. 

Receipts and expenditures, istatement of, made to annual meeting, 2780; in 
city or town districts, published two weeks before annual meeting, 2781; of 
normal institute fund, must be published, 2738. 

Record, by superintendent public instruction, 2621; by board educational exam- 
iners, 2633; by board trustees normal school, 2680; by board trustees county 
high school, 2729; of examination of teachers, 2736; of result of voting in dis- 
tricts of 5,000 or over, divided into election precincts, 2755; of vote for officers 
of board, made by secretary, 2757; secretary keeps complete, 2761; secretary 
makes full record of votes at annual meeting, 2761; secretary prepares regis- 
ter of persons of school age, 2764; treasurer keeps account of receipts and 
expenditures, 2768; of enumeration made by director of subdistrict, 2785; daily 
register kept by teacher, 2789; proper record made on plat of district when 
territory is attached, 2791; changes in subdistrict boundaries, shall be shown, 
on plat of school township, 2801; of changes in subdistrict boundaries shall 
be made by county treasurer and auditor, 2801; of persons to whom bonds are 
sold, kept by treasurer, 2812-f; of report of referees, 2815; transcript of, in 
appeal, certified by secretary, 2819; of costs of appeal filed with clerk of dis- 
trict court, 2821; of proceedings county board education kept in office of 
county superintendent, 2833; of books purchased for school libraries, 2823-(i. 

Referees, to assess damages when site is condemned, 2815; oath of, 2815; shall 
report in writing, 2815; report of, filed and preserved in office of county super- 
intendent, 2815; either party may appeal from a^ssessment by, 2815; cost of 
assessment by, paid by school district, 2815. 



INDEX 145 

Register, of voters in districts of 5,000 or over, divided into election precincts, 
furnished and revised, 2755; by secretary, of persons of school age, 2764; 
teacher must keep, 2789; files copy with secretary, 2789; of bonds in office of 
county auditor, 2812-e; of persons to whom bonds are sold, 2812-f. 

Registrars, shall be appointed in each election precinct in school corporations of 
5,000 or more inhabitants, 2755; qualification, duties, and compensation of, 
2755. 

Registration op voters, see Register. 

Reports, from county superintendents preserved, 2621; from superintendent pub- 
lic instruction, 2625; of enumeration by superintendent public instruction to 
auditor of state, 2625; from board educational examiners, 2633; from board 
trustees normal school, 2680; from board trustees county high school, 2731; 
from county superintendent annually, 2739; of blind, deaf and dumb, and fee- 
ble-minded, by county superintendent, 2739; copies of, preserved by secretary, 
2761; secretary to make annually, 2765; name and postoffice of oflacers re- 
ported to county superintendent and treasurer, 2766; treasurer to make an- 
nually, 2769; director of isubdistrict to make to secretary, 2785; teacher shall 
file with county superintendent such reports as he may require, 2789; of in- 
terest on permanent school fund, 2809; county auditor of sales of school 
laws, 2823-1; from principal or superintendent of persons taking teacher's 
course in accredited schools, 2634-e; from principal of private or parochial 
school to secretary, 2823-b; of truants, from school officers to secretary, 
2823-g; from county superintendent to be published, 2738. 

Residence, of students in normal school, 2676; of students in county high school, 
2733; of voter at school meeting, 2747; of officer or member of board, 2748; of 
person between 5 and 21 entitles him to school privileges, 2773; scholars 
from another district may attend, 2803; scholars not ihaving residence in 
district, may be admitted, 2804; schoolhouse may not be located by condem- 
nation nearer than thirty rods of, if owner objects, 2814. 

Reversion, of schoolhouse site to owner, 2816. 

Revocation, of certificate, 2731, 2734-u. 

Right to vote, see Voters. ' 

Roads, see Highways. 

Room, provided for examination at county seat, 2734-c; may be rented and 
teacher employed for ten or more children, 2774; kindergarten, may be 
established in independent school districts, 2777; $25 annually of contingent 
fund may be used for each, to purchase library books and apparatus, 2783; 
tuition and contingent expenses based upon room in which child attends, 2803. 

Rules and regulations, board trustees normal school shall make, 2676; prin- 
cipal county high school shall make, 2732; board directors shall make for its 
own government, 2772; for officers and others, 2772; for care of schoolhouse 
and other property, 2772; board shall aid teachers in enforcing, 2782; board 
may expel scholar for violation of, 2782; for government of director of sub- 
district, 2785; for sale of books and supplies, 2824; of county board of educa- 
tion, 2832; to govern use of free text-books, 2837. 

Rural independent school district, corporate name, 2744; annual meeting, 
2746; number of directors, 2754; polls open at 1 p. m. and remain open not 
less than two hours, 2754; no teacher or other employee eligible as secretary, 
2757; change of boundaries in same civil township, 2793; formation of, 2797; 
subdivision of, 2798; uniting of, 2799; erection into a school township, 2800. 

Salaries, see Compensation. 

gALE OF property, may be directed b^ yoters, at regular meeting, 2749; £it 
special meeting, 2750. 

10 



146 INDEX 

Scholar, register of all of school age kept by secretary, 2764; report of number 
enrolled and average attendance, 2765; report for deaf and dumb, blind, and 
feeble-minded, 2765; board stall make rules for government of, 2772; school- 
house located for convenience of, 2773; board determines particular school 
each shall attend, 2773; must attend school designated by board, 2773; an 
actual resident shall be allowed to attend free of tuition, 2773; additional 
school may be provided for any ten or more, 2774; instruction of, may be pro- 
vided for in another district, 2774; board may pay transportation of, 2774; 
must receive instruction in effects of stimulants, 2775 ; board may expel, 2782 ; 
teacher may dismiss, 2782; may be readmitted, 2782; books may be loaned to, 
2783; indigent, may be supplied with school books, 2783; enumeration of, by 
director of subdistrict, 2785; shall be required to explain kind and plan of 
articles exhibited at industrial exposition, 2786; teacher's register of, must be 
kept, 2789; may attend in another district, 2803; school age of, 2804; non- 
resident may attend, 2804; shall not be required to read bible, 2805; appor- 
tionment based on number of, 2808; text-books loaned to, 2837; responsible 
for damage to books, 2837; shall be allowed to purchase books at cost, 2837. 

School, must be visited by county superintendent, 2734-b; must be visited, when 
requested by board, 2734-b; voters may instruct that added branches shall be 
taught in, 2749; secretary notifies county superintendent when each begins, 
2765; secretary reports to county superintendent for each, 2765; board pre- 
scribes course of study for, 2772; board determines number of, 2773; deter- 
mines particular school each child shall attend, 2773; designates period each 
shall be held, 2773; shall be free of tuition to all residents, 2773; shall con- 
tinue at least twenty-four weeks in each school year, 2773 ; county superintend- 
ent may excuse board from maintaining, 2773; shall not be in session during 
teachers' institute except by permission, 2773; extra school for ten or more 
children, 2774; board may secure advantages of attendance in another dis- 
trict, 2774; board may pay transportation of children to and from, 2774; 
effects of stimulants must be taught in, 2775; graded or union may be estab- 
lished, 2776; person to have general supervision of, may be selected, 2776; 
kindergarten department may be established in any independent school dis- 
trict, 2777; board shall provide for visiting, 2782; scholar expelled from, 2782; 
scholar dismissed by teacher, 2782; library books and apparatus for each, 
2783; board shall provide water-closets for, 2784; director of subdistrict cares 
for schools, 2785; Industrial exposition in, 2786; teacher of, must hold valid 
credential, 2788; teacher keeps register of, 2789; files register of, 2789; 
attendance in another district, 2803; age for attendance, 2804; attendance of 
non-residents, 2804; bible not excluded from, 2805; taxes for support of, 
2806; county tax for, 2807; semi-annual apportionment for, 2808; in cities or 
towns, exempted from county uniformity, 2835; free text-books for, 2837; 
corporations may accept bequests, 740, page 117; libraries, how selected 
and managed, 2823-n to 2823-t; accredited, what is, 2634-c; visiitation of by 
board of examiners, 2634-c; census of persons between 7 and 14 years of 
age, 2823-i; fund and lands under control of general assembly, page 118. 

School boaed, see Board of Directors. 

School bonds, see Bonds. 

School books, see Text-books. 

School dieectoks, see Board of Directors. 

School disteict, each existing continues, 2743; may sue and be used, 2743; has 
exclusive jurisdiction over territory in, 2743; every, a body corporate, 2743; 
name of, 2744; board of, 2745, annual meeting of, 2746; right to vote in, 2747; 
qualifications for officer of, 2748; powers of voters, 2749; special meeting of 
voters, 2750; meetings of directors, 2757; election of officers, 2757; qualifica- 
tion of directors, 2758; vacancies in office filled by appointment, 2758; duties 
of president, 2759; suit to be brought in name of, 2759; bonds of secretary 
and treasurer, 2760; duties of secretary, 2761-2767; duties of treasurer, 
2768-2769; quorum of board, 2771; vacancies in officers or members filled by 
ballot, 2771; schoolhouse site for, 2773; division of, for school purposes, 2773; 

1 may maintain higher &Qbpolg, 277^; sill contracts in, made by board, 2778: 



INDEX 147 

School Disteict— Continued. 

compensation of secretary and treasurer, 2780; claims against, audited by 
board, 2780; may have territory attached, 2791; territory restored, 2792; 
when boundaries are changed, boards continue to act, 2802; assets and 
liabilities divided, 2802; arbitrators may be appointed, 2802; either party may 
appeal to district court, 2802; attendance from another district, 2803; taxes 
for school purposes estimated, 2806; levy of taxes, 2807; apportionment to, 
by county auditor, 2808; taxes paid to, 2810; judgment paid by, 2811; tax to 
pay bonds or interest due, 2813; may take schoolhouse site by condemnation, 
28i4; may n.t use barbed wire, 2817; provisions of law apply alike to every, 
unless otherwise stated, 2823; may adopt text-books if county uniformity is 
not in force, 2824; may provide free text-books, 2836; may discontinue loan- 
ing text-books, 2837. 

School elections, see Election, 

School geounds, see Schoolhouse Site. 

Schoolhouse, voters may sell or otherwise dispose of, 2749; voters may direct 
use of, 2749 ; voters may provide roads to, 2749 ; voters may direct that, shall 
be used for meetings of public interest, 2749; voters at annual meeting may 
vote tax to build, 2749; voters of district vote tax to build, at special meeting, 
2750 ; voters of subdistrict vote tax to build, 2753 ; notice of district meetings 
shall be posted at the door of each, 2763; board has care of, 2772; site fixed by 
board, 2773; site fenced by board, 2773 and 2745^a; plans for, approved by 
county superintendent, 2779; when built or repaired to extent of over $300, 
must be by advertisement, 2779; may be insured, 2783; water-closets for, 
must be provided, 2784; board may authorize director of subdistrict to look 
after, 2785; may not be inclosed with barbed wire, 2817; location of, when 
site is condemned, 2814. 

Schoolhouse fund, see Funds. 

Schoolhouse site, fixed by board, 2773; fenced by board, 2773, 2745-a; shade 
trees on, 2787; in city or town, may include entire block, 2814; taken by con- 
demnation must be on public highway, 2814-2815; reversion to owner, 2816; 
may not be fenced with barbed wire, 2817; fencing of, 2745^a, 2745-b. 

School laws, publication of, 2624; in cloth, how distributed, 2624; in paper 
covers, how distributed, 2624; to be delivered to successor, 2624; amendments 
to, published, 2624; amendments to, distributed, 2624; volume of, surrendered 
to successor) 2770; for sale by county auditor, 2823-j to 2823-m. 

School month, is of four school weeks of five days each, 2778. 
School officer, see title of oflBcer. 
School orders, see Orders. 
School taxes, see Taxes. 
School teachers, see Teachers. 

School township, corporate name, 2744; board of, 2745; annual meeting, 2746; 
number of directors, 2752; polls must open at 1 p. m. and remain open not less 
than two hours, 2754; duties of director in subdistrict of, 2785; newly formed, 
2790; formed from rural independent school districts, 2800; divided into sub- 
districts, 2801; apportionment of schoolhouse tax among subdistricts of, 2806. 

School warrants, see Orders. 

School vsteek, is of five school days, 2773; compensation of teacher may be 
agreed to for, 2778. 

School year, see Year. 

Secretary, board trustees normal school elected, 2675; compensation of, 2681; of 
board trustees county high school, 2729; of subdistrict meeting, 2751; of 
county board of education, 2833. 



148 INDEX 

Secretary, acts as judge of annual election, 2746; if no subdireotor, gives 
notice of subdistrict meeting, 2751; certifies special schooliiouse tax, 2753; 
cbosen outside of board, 2757; elected by ballot, 2757; records vote, 2757; 
in independent districts no teacher or other employe of board eligible as, 
2757; appears in suits when president is a party, 2759; gives bond, 2760; takes 
oath, 2760; qualifies within ten days, 2760; files copies of reports and papers, 
2761; keeps a complete record, 2761; keeps a separate account of each fund, 
2761; keeps an accurate account of all expenses, 2761; presents account of 
expenses to board to be audited. 2761; keeps record of votes at annual meet- 
ing, 2761; countersigns warrants and drafts, 2762; draws orders, 2762; keeps 
register of orders, 2762; furnishes board copy register of orders, 2762; gives 
notice of all meetings, 2763; i epares register persons of school age, 2764; 
reports each school to county superintendent, 2765; files report annually with 
county superintendent, 2765; reports name and postoflBce of officers 2766; cer- 
tifies taxes, 2767; vacancy in office of, filled by board, 2771; temporary, 
appointed, 2772; files contract of teacher, 2778; compensation of, fixed by 
board, 2780; records list of enumeration made by director of subdistrict, 2785; 
records order attaching territory, 2791; gives notice of election to unite rural 
independent school districts into a school township, 2800; delivers copy of 
description of subdistricts to county treasurer and auditor, 2801; counter- 
signs bonds, 2812-e; files transcript of record in appeal, 2819. 

Semi-annual apportionment, number persons for, reported to auditor of state, 
2625; number persons for, filed with county auditor, 2739; taken into account 
in estimating teachers' fund, 2806; made by county auditor, 2808; not less 
than five nor more than fifteen cents per person of school age may be with- 
held for library fund, 2823-n. 

Sex, see Women. 

Shade trees, see Trees. 

Sites, see Schoolhouse Site. 

Special meeting, of any district to sell property or vote a tax, 2750; of subdis- 
trict, 2753; of board, 2757; notice of, 2757; may be called by president, 2757; 
may be called by written request of a majority of the board, 2757; form of 
notice for, 2763; to organize new township, 2790; to form independent school 
district, 2794; to forfn a cdnsolidated district, 2794-a; to organize rural in- 
dependent school districts, 2797; to subdivide independent district, 2798; to 
unite independent districts, 2799; to unite rural independent school districts 
into a school township, 2800; of board to change subdistrict boundaries, 2801; 
to estimate school taxes, 2806; to vote bonds, 2812-d, 2820-c. 

State auditor, see Auditor of State. 

State certificate, see Certificate and Diploma. 

State college of agriculture and mechanic arts, act of congress relating to, 
page 120; grant of land for, page 120; acceptance of grant by the state, 2645; 
to be governed by board of trustees, 2646; courses of study, 2647; tuition and 
rules of admission, 2649; duties of president, 2651; secretary, duties of, 2652; 
Intoxicating liquors not to be sold within a distance of three miles from, 2673. 

Statement, of expenses attending official meetings, made by county superin- 
tendent, 2742; rendered by treasurer to board at any time, 2769; of receipts 
and expenditures, made to annual meeting, 2780; in independent school dis- 
tricts, published in newspaper, 2781. 

State treasurer, see Treasurer of State. 

State university, how governed, 2635; powers of board of regents, 2635; officers 
of board, how elected, and tenure of office, 2635; president and professors, 
how elected, 2635; apparatus — library, and cabinet of natural history of, 
2639; object, departments, degrees, 2640; reports to board of regents, 2641; 
report by regents to the governor, 2641. 

Stationery, for use of county superintendent, 2742. 

Statistics, see Reports. 



INDEX 149 

Stimulants, see Alcoholic Drinks. 

Studies, see Course of Study. 

SuBDiSTKiCT, a subdivision of a school township, 2744; director for, elected for 
one year, 2745; right to vote in, 2747; qualifications for director of, 2748; an- 
nual meeting of, 2751; notice of amount of schoolhouse tax to be voted in, 
2751; notice of annual meeting in, 2751; powers of annual meeting, 2751; 
meeting shall not organize earlier than 9 a. m., nor adjourn before 12 m., 
2751; embracing entire school township, 2752; special meeting of, to vote 
schoolhouse tax, 2753; vote of schoolhouse tax in, certified to secretary of 
school township, 2753; schoolhouse tax voted by, levied on subdistrict, 2753; 
director of, may be instructed to make certain contracts, 2785; director of, 
shall prepare list children of school age, 2785; director of, shall report list 
to secretary, 2785; director of, may hold industrial exposition, 2786; may be 
formed from rural independent school districts, 2800; may be created, 2801; 
boundaries of, changed by vote of majority of board, 2801; boundaries of, 
conform to congressional lines, 2801; plat of, to be made, 2801; description 
of, to be recorded in records of school township, 2801; copy of description de- 
livered to county treasurer and auditor, 2801; changes in boundaries of, 
take effect first Monday in March, 2801. 

SuBDisTEiCT MEETING, held annually, 2751; officers of, 2751; special, to vote 
schoolhouse tax, 2753. 

Subpoenas, for witnesses, may be issued by county superintendent, 2821. 

Successor in office, all matters turned over to, by superintendent public in- 
struction, 2621; volume of school laws to be turned over to, 2624; appointed 
member board educational examiners not to succeed himself, 2628; director 
holds until successor is elected and qualified, 2758; county auditor must turn 
over copies of school laws to, 2823-m. 

Suffeage, who has right of, 2747. 

Suit, to recover penalty from county superintendent, 2741; any district may sue 
and be sued, 2743; rresident appears for d'strict in, 2759; of president is a 
party in, secretary appears for district, 2759; board may employ counsel in, 
2759; brought against secretary or treasurer in case of breach of bond, 2760; 
for wilful failure or refusal to perform duty, 2822; brought in name of county, 
2822; on bond of publisher of text-books, 2827; against school officer acting as 
agent for text-books or supplies, 2834. 

Supeeintendent public instruction, shall have office in capitol, 2621; may 
appoint deputy, 2621; files papers, reports, and documents, 2622; keeps record 
of things done, 2622; turns over office to successor, 2622; is charged with gen- 
' eral supervision of all county superintendents and the common schools, 2622; 
may meet county superintendents in convention, 2622; shall appoint teachers' 
institutes, 2622; shall attend teachers' institutes, 2622; shall render opinions 
on the school law, 2623; shall determine cases on appeal from county superin- 
tendents, 2623; shall have school laws printed and distributed, 2624; shall 
have amendments distributed, 2624; may subscribe for educational school 
paper, 2624; may furnish copy of paper to county superintendents, 2624; shall 
report to auditor of state number persons of school age, 2625; shall report 
biennially to the governor, 2625; shall receive and transmit $50 for each 
institute, 2626; salary of, 2627; traveling expenses of, 2627; is president board 
educational examiners, 2628; is president board trustees normal school, 2675; 
receives reports from county superintendents, 2739; approves course of study 
for graded or union schools, 2776; receives certificate of qualification of 
county superintendent, 2809; hears appeal from county superintendent, 2820; 
shall not render a judgment for money, 2820; receives report from county 
superintendent of list of text-books adopted, 2833. 

Supervision, by superintendent public instruction, 2622; by county superin- 
tendent, 2735; by board of directors, 2772; by person selected by board, 2776. 



150 INDEX 

SufiETiES, of treasurer normal school, 2675; of trustees county high school, 2729; 
of treasurer county high school, 2729; of secretary and treasurer of board, 
2760; of contractor to build, 2779; of person to keep books and supplies for 
sale for district, 2824; of contractor to furnish books and supplies, 2830; 
bonds of surety companies accepted, 2830. 

Surety companies, bonds of, shall be accepted on bond of contractor to furnish 
text-books, 2830. 

Suspension, see Expulsion of Scholar. 

Taxes, estimated by board trustees county high school, 2730; may not be voted 
without notice, 2746; women may vote upon question of, 2747; voters may 
vote schoolhouse, at annual meeting, 2749; board may give notice that propo- 
sition to vote, will be submitted, 2749; board shall give notice that proposi- 
tion to vote, will be submitted, 2749; may be voted at a special election, 2750; 
notice given by director of subdistrict that schoolhouse, will be 
voted, 2751; voted at special meeting of subdistrict, 2753; shall not exceed 
in all fifteen mills on the dollar, 2753; certified by secretary of subdistrict 
meeting, to secretary of school township, 2753; levied by board of super- 
visors upon property of subdistrict only, when, 2753; president signs drafts 
for taxes collected, 2759; secretary certifies to board of supervisors amount 
fixed for contingent and teachers' fund, 2767; secretary certifies schoolhouse 
tax voted at regular or special meeting, 2767; secretary certifies provision 
made for payment of principal or interest of bonds due, 2767; collected for 
building schoolhouses, called schoolhouse fund, 2768; collected for expenses 
necessary to keep the schools in operation, the contingent fund, 2768; col- 
lected for the payment of teachers, the teachers' fund, 2768; board estimates 
and publishes amounts necessary to maintain schools, 2781; to purchase free 
text-books provided by board, 2783; void for school township when independ- 
ent school district is created, 2796; when independent school district is 
formed, board estimates and certifies all necessary taxes, and board of super- 
visors levies same, 2796; for teachers' and contingent funds, determined by 
board by third Monday in August, 2806; limit of, for contingent fund, 2806; 
for uniformity of text-books, 2825; limit of, for teachers' fund, 2806; on 
territory in adjoining counties, may be estimated in mills, 2806; for school- 
house fund, apportioned among subdistricts, 2806; levy by board of supervi- 
sors, 2807; levy of schoolhouse tax voted at special meeting, 2807; levy of one 
to three mills county tax, 2807; apportioned by county auditor, 2808; presi- 
dent to be notified of tax colleoted, 2808; president issues warrant in favor of 
district treasurer, 2808; county treasurer gives notice of amount collected, 
2810; county treasurer pays to district treasurers quarterly, 2810; county 
treasurer keeps separate tax levied directly upon a subdistrict, 2810; voters 
vote tax to pay judgment, 2811; if voters do not vote tax to pay judgment, 
board certifies amount required to board of supervisors, who shall levy tax, 
2811; board fixes amount necessary to pay principal or interest, if needed, 
2813; board certifies to board of supervisors not to exceed $1.50 annually for 
each person of school age, on contingent fund, for text-books and supplies to 
be resold, 2825; not exceeding five dollars for each person of school age for 
transporting children, 2806. 

Teachers, number in the state reported, 2625; state certificates and diplomas to, 
2629; state certificate to primary teachers, 2630-b; certificates of other states 
validated, 2630-c; certificates to graduates of Iowa colleges and normal 
schools, 2634-f; certificates to graduates of accredited schools, 2634-d; shall 
have state certificate or diploma registered with county superintendent, 
2734-q; may attend normal school, 2676; in normal school reported, 2680; in 
county high school reported, 2731; receive blanks and circulars through 
county superintendents, 2734-b; county examination of, last Friday and the 
Wednesday and Thursday preceding iu January, June, July and October 
2734-'C; special examination, 2734-e; examination in first grade subjects, 
2734-d; examination in special studies, 2734-e; shall not be employed to 
teach subjects not in a special certificate, 2630-b, 2734-e; first grade 
certificate for term of three years, 2734-g; renewal of same, 2734-g; 
•econd grade certlflcate for term not to exceed two years, 27S4-h; 



INDEX 151 

Teachers — Continued. 

one renewal of, 2734-]i; third grade, six months, 2734-i; extension 
of, 2734-i; provisional certiucates, six montht!, 2734-t; extension of, 
2734-t; special certificates, three years, 2734-e; renewal of 2734-e; certificate 
may be revoked after an investigation, 2734-u; when certificate shall be re- 
voked, 2734-u; certificates must be registered, 2734-q; fee for registration, 
2734-q; normal instituts held for, annually, 2738; fee for enrolling at insti- 
tute, 2738; fee of applicant for examination, 2734-p; number employed re- 
ported by secretary, 2765; money received for payment of, the teachers' fund, 
2768; rules and regulations for government of, made by board, 2772; must 
give instruction in effects of alcoholic stimulants, 2775; in kindergartens 
must hold kindergarten certificate, 2777; elected by board in all cases, 2778; 
contracts with, what they must contain, 2778; contracts with, signed by 
president and teacher, 2778; contracts with, filed with secretary, 2778; aided 
in government of school by board, 2782; may by majority vote of board be 
discharged, 2782; before being discharged shall have fair trial, 2782; may 
temporarily dismiss a scholar, if empowered by board, 2782; may readmit a 
scholar, if dismissed by teacher, 2782; may not be employed unless having a 
valid certificate of qualification, 2788; may not be paid from school funds for 
teaching without a certificate, 2788; shall keep daily register, 2789; shall 
keep separate register for non-resident scholars, 2789; shall file copy of 
register with secretary, 2789; shall file reports with county superintendent, 
2789; may not act as agent or dealer in text-books or supplies, 2834; course 
in accredited schools, 2634-c; must pass an examination in the elements of 
vocal music, 2823-s; library books may be loaned to, 2823-r; shall be respon- 
sible for care of library, when, 2823-r; must report violations of compulsory 
school law, 2823-g. 

Teachee's conteact, see Contracts. 

Teachebs' normal institutes, appointed, 2622; must remain in session at least 
six days, 2622; superintendent public instruction shall attend, 2622; aided by 
state appropriation of $50 annually, 2626; county superintendent shall hold 
annually, 2738; registration fee from each person attending, 2738; institute 
fund, 2738; board of supervisors may appropriate additional sum for, 2738; 
disbursement of fund shall be only for servic^ rendered or expenses incurred, 
2738; elements of vocal music must be taught in, 2823-t; report of expendi- 
tures to he published, 2739. 

Term of office, member board educational examiners appointed for four years, 
2628; of member board trustees county high school, 2729; of member board of 
directors, 2745; of treasurer in independent city and town districts, 2754; of 
president of board, 2757; of secretary and treasurer, 2757; of member board 
of directors appointed, 2758; director shall hold office for the term to which 
he is elected, 2758; and until his successor is elected and qualified, 2758; at 
end of, books shall be surrendered to successor, 2770; when independent 
school district is organized, 2795. 

Territory, each district has exclusive jurisdiction over all, therein contained, 
2743; contained in ward or other division of district for school purposes, 2773; 
of new civil township constitutes a school township, 2790 ; may be attached to 
adjoining district, if natural obstacles intervene, 2791; restored to district to 
which it geographically belongs, 2792; change of boundary lines between 
independent districts in same civil township, 2793; contiguous, may be in- 
cluded in independent school district at formation, 2794; taxes void upon 
part of, included in independent school district, 2796; may be detached from 
independent districts to form new independent district, 2798; in every case of 
transfer of, division of assets and liabilities must be made, 2802; school tax 
on, in independent district where non-resident child attends, shall be de- 
ducted from tuition, 2804. 

Testimo>y, taken in trial of an appeal, 2819; witnesses may be subpoenaed to 
give, in trial of an appeal, 2821. 



152 INDEX 

Text-books, used by county high school reported, 2731; used in district reported 
2765; furnished to indigent children, 2783; purchased and loaned with contin- 
gent fund, 2783; board of directors certifies sum authorized under district 
uniformity, 2806; board of directors in county not having uniformity may 
adopt, 2824; may contract for and buy, 2824; books and supplies to be under 
charge of board, 2824; board may select persons within the county to keep 
books and supplies for sale, 2824; bonds shall be required of person keeping 
books and supplies for sale, 2824; paid for out of the contingent fund, 2825; 
amount certified annually to secure, not to exceed $1.50 for each person of 
school age in the district, 2825; no debt shall be contracted to purchase, 2825; 
in purchasing, books in use must be taken into consideration, 2826; board may 
arrange for exchange of, 2826; must be furnished at very lowest price, 2827; 
before purchasing, notice for bids must be given, 2828; before accepting bid, 
competent persons may be consulted, 2828; change in, not to be made within 
five years, unless by vote of electors, 2829; samples of, filed in office of county 
superintendent, 2830; samples kept for public inspection, 2830; bond taken 
from contractor, 2830; bonds of surety companies to be accepted, 2830; peti- 
tions for county uniformity of, 2831; if county uniformity carries, county 
board of education contracts for, 2832; depositories for sale of, arranged for, 
2832; list of, reported by county superintendent to state superintendent, 2833; 
school officers not to be agents for, 2834; cities and towns exempted from 
county uniformity, 2835; cities and towns may buy same books if electors so 
decide, 2835; question of free text-books suhmrtted, 2836; if voted, board 
shall procure books to be loaned, 2837; board shall adopt rules and regula- 
tions for preservation of, 2837; any scholar allowed to purchase at cos^t, 2837; 
no free text-books supplied until needed, 2837; loaning of, may be discon- 
tinued, 2837. 

Tie vote, how determined, 2754. 

Time, of holding teachers' normal institute fixed by superintendent public in- 
struction, 2622; that annual meeting will be in session must be stated in 
notice, 2746; that subdistrict meeting will be held shall be stated in notice, 
2751; that polls must remain open, in different districts, 2754; that special 
meeting of board shall be held must be given in notice, 2757; secretary and 
treasurer shall qualify within ten days, 2760; of meeting, stated in notice, 
2763; teacher must be giveh reasonable time to make defense ag^-inst charges, 
2782; appeal must be taken within thirty days, 2818; secretary must send 
transcript within ten days, 2819; county superintendent notifies persons 
when appeal will be heard, 2819; thirty days' notice of the appeal must be, 
given by the appellant, 2820; thirty days' notice of special election to vote 
bonds in excess of one and one-fourth mills, 2820-a. 

Town, may become basis of independent school district, 2794. 

Township, see Civil Township, and School Township. 

Transcript, secretary shall be notified by county superintendent to furnish, 

2819; secretary shall certify transcript to be correct, 2819; after transcript is 

filed, county superintendent shall notify In writing where appeal will be 

heard, 2819; of costs in appeal filed in office of clerk of court, 2821; tax-levy 

for, 2806. 

Transfer, a surplus in the schoolhouse fund may be transferred to teachers' or 
contingent fund by annual meeting, 2749; of territory to adjoining district, 
2791; restoration of territory to district in which it geographically belongs, 
2792; by change of boundaries between independent districts in same civil 
township, 2793; assets and liabilities must be divided in case of, 2802. 

Transportation of children, board may arrange for, 2774. 

Tbeasueee, of normal school, 2675; of county high school, 2729. 

Treasurer, in city and town districts, chosen by the electors, 2754; chosen out- 
side the board, 2757; elected by ballot, 2757; gives bond, 2760; takes oath of 
office, 2760; has ten days in which to qualify, 2760; receives all moneys, 
2768; pays out moneys, 2768; keeps account of receipts and expenditures. 



INDEX 153 

Treasurer — Continued. 

2768; registers all orders, 2768; keeps separate account with each fund, 2768; 
makes partial payments, 2768; indorses unpaid orders, 2768; renders state- 
ment of finances, 2769; makes annual report to board, 2769; files copy of 
report with, county superintendent, 2769; vacancy in oflBce of, filled by board, 
2771; compensation fixed by board, 2780; draws money from county treasury, 
2808; receives taxes quarterly, 2810; keeps record of persons to whom bonds 
are sold, 2812-f ; proceeds of sale of school laws to he paid to county treasurer, 
2823-k. 

Tbeasueee of state, board of educational examiners pays fees to, 2631. 

Teees, number in thrifty condition to be reported, 2765; board shall have twelve 
or more growing on each schoolhouse site, 2787; for failure or neglect to pro- 
test, county superintendent shall call attention of board, 2787; ground in- 
cluded in orchard, may not be taken for schoolhouse site by condemnation, 
2814. 

Tkial, before state certificate or diploma may be revoked, 2631; before certificate 
of teacher may be revoked by county superintendent, 2734-u; before teacher 
may be discharged by board, 2782; of appeal to county superintendent, 2819; 
of appeal to superintendent of public instruction, 2820. 

Truant officers, how appointed, 2823-e; duties of, 2823-e; compensation of, 
2823-e; must enforce provisions of the compulsory school law, 2823-f ; penalty 
for failure to enforce law, 2823-f. 

Truant schools, board of directors may establish, 2823-d; rules governing, 
2823-d; punishment of insubordinate children, 2823-d. 

Trustees, see Board of Trustees. 

Tuition, in normal school, 2676; in county high school, 2733; average cost per 
month for each scholar, reported by secretary, 2765; every school free of, to 
actual residents, 2773; may be paid by board in another district, 2774; boards 
may agree upon, 2803; when child attends by consent of board and county 
superintendent, 2803; for non-resident children, fixed by board, 2804; school 
tax paid by parent whose non-resident child attends, may be deducted from, 
in independent district, 2804; in State College of Agriculture and Mechanic 
arts, 2649; in State Normal School, 2679. 

Uniformity of text-books, see Text-books. 

Union schools, see Graded Schools. 

University, see State University. 

Unknown owner, see Owner. 

Vacancy in office, of trustee county high school, how filled, 2729; in board of 
directors, filled by appointment, 2758; of officer or member of board, filled by 
ballot, 2771. 

Village, may become basis for independent school district, 2794. 

Visitation of schools, by county superintendent mandatory, 2734-b; by 
county superintendent upon request of a majority of the board, 2734-b; pro- 
vided for by board, 2782; visitation of accredited schools, 2634-c. 

Voters, of district hold annual meeting, 2746; who may vote, 2747; powers of, at 
annual meeting, 2749; powers of, at special meeting of district, 2750; of sub- 
district, hold annual meeting, 2751; special meeting of subdistrict, to vote 
schoolhouse tax, 2753; register of, in districts of 5,000 or over, divided into 
election precincts, 2755; petition for formation of independent school district, 
2794; vote on formation of independent school district, 2794; vote to form 
consolidated district, 2794-a; vote on forming independent districts from sub- 
districts, 2797; vote on subdividing independent district, 2798; vote on 
uniting independent districts, 2799; vote on uniting rural independent school 
districts into a school township, 2800; vote tax to pay judgment indebted- 
ness, 2811; in independent school districts, vote to issue bonds for original 
indebtedness, 2812-b; vote to issue bonds in excess of one and one-fourth 



154 INDEX 

Voters — Continued. 

per cent, 2820-a; authorize board to change or displace text-books, 2829; vote 
upon county uniformity, 2832; in cities and towns, authorize board to adopt 
boolts used In county uniformity, 2835; authorize free text-boo lis, 2836; direct 
the loaning of text-books discontinued, 2837. 

Ward, school tax paid by guardian of non-resident, in an independent district, 
deducted from tuition, 2804. 

Waeds, district divided into, or other divisions, for school purposes, 2773. 

Waeeants, see Orders. 

Watee-closets, board shall give special attention to matter of, 2784; in inde- 
pendent school district, shall be separated by solid or continuous barrier, 
2784; approaches to outside doors of, separated by close fence, 2784; must be 
kept in wholesome condition and good repair, 2784. 

Witnesses, may be subpoenaed in appeal by county superintendent, 2821; attend- 
ance of, may be compelled, 2821; compensation of, 2821. 

Women, one member board educational examiners must be a woman, 2628; 
county superintendent may be a woman, 2734-b; right to vote on taxes or 
issuing bonds not denied to women, 2747; any school officer or member of 
board may be a woman, 2748; shall not be prohibited from voting at elec- 
tions at which they are entitled to vote, 2755. 

Weitten conteact, see Contracts. 

Year, for organization of board, 2757; for election of secretary and treasurer 
by board, 2757; for enumeration by secretary, 2764; for report of secretary 
to county superintendent, 2765; for report of treasurer to county superin- 
tendent, 2769; minimum, for school purposes, 2773; for school purposes com- 
mences first day of July, 2773; for financial statement to be published, 2781; 
for enumeration, by director of subdistrict, 2785; for organization of school 
township, 2790; for division of school township into subdistrlcts, 2801; for 
certifying of taxes regularly voted, 2806; for certifying and levying of school- 
house tax voted at special meeting, 2807. 

Youth, see Enumeration, and Scholar. 



BLANK FORMS. 



155 



BLANK FORMS 

NUMBER 1— SECTION 2734-u. 

Cmake in duplicate) 

revocation of teacher's certificate. 

Office, OF County SupbrintbndenTj 
, Iowa, 



.190. 



To.. 



Tou are hereby notified that a certificate to teach, granted to 

dated 190..., is hereby revoked in accordance with the provisions 

of section 2734-u, the said revocation to take effect from and after i 190.. 



County Superintendent. 



NUMBER 2 — SECTION 2738. 

application for teachers' INSTITUTE. 

Office of County Superintendent, 

County, Iowa, , 190.... 

To the Superintendent of Public Instruction: 

I desire to hold days of institute during the .school year ending June 

30, 190 , as follows: days commencing 190 , 

at , and days commencing 190 , 

at I have also appointed subject to your approval the follow- 
ing persons to assist in said institute. 

You are hereby requested to appoint the institute for county at 

the places and on the dates above named, and to approve the faculty submitted below. 



County Superintendent. 
Note — One of the sessions must be of at least six consecutive working days' 
duration. 

Institute Faculty for the Session Commencing 190 



Names. 


Address. 


Subjects Assigned. 


Conductor : 






Assistants : 



















For the Preliminary or Supplemental Session Commencing 190 



Conductor : 
Assistants : 



156 BLANK FORMS. 

NUMBER 3— SECTION 2738. 

MONTHLY REPORT OF EXAMINATION PBESj INSTITUTE FUND. 

, Treasurer County. 

Bear Sir — rinclosed find Dollars received from fees for the 

month of 19 , collected from the following named persons : 



id 


Name of Applicant 


Amount 
Received 


S ■ 
cd o 

MIS 


Name of Applicant 


Amount 
Received 


1 




$ 


26 
27 




$ 


2 











94 








19. 
50 








?f> 






















Total 


$ 





I hereby certify that the above report is correct. 
Iowa, 



County Superintendent. 



NUMBER 4— SECTION 2738. 

REPORT OF INSTITUTE ENROLLMENT FEES, INSTITUTE FUND. 

, Treasurer County. 

Dear Sir — Inclosed find Dollars received from enrollment fees 

for the normal institute held at commencing and 

continuing days. 



No. 


Name of Teacher 


Amount 
Received 


No. 


Name of Teacher 


Amount 
Received 


1 
2 




$ 


151 
152 




$ 











1-19 






299 






__ 




ISO 







State appropriation 














Total 


$ 








I hereby certify that the above report is correct. 
Iowa, 



County Superintendent. 



NUMBER 5 — SECTION 2734-p. 
monthly remittance of examination fees to the treasurer of state. 
Office of County Superintendent, 
- County, Iowa , 



-190. 



Hon , Treasurer of State, Des Moines, Iowa: 

Dear Sir — Inclosed find Dollars, being one-half of the exam- 
ination fees collected during the month of 190-—, as provided in section 

2734-p. 



490. 



County Superiri.te^defit, 



BLANK FORMS. 157 



NUMBER 6 — SECTION 2738. 

RECEIPT FOR INSTITUTE FUND. 



Received of county superintend- 
ent, Dollars institute fund for the ndonth ending 190— 

Iowa. 

190— County Treasurer. 



NUMBER 7 — SECTION 2738. 
order on county auditor. 
Office of County Superintendent, 
County, Iowa, 



.190. 



To Auditor County: 

Please draw and deliver to a warrant upon the 

Institute Fund for Dollars, as by duly verified bill No 

accompanying this order. 



No County Superintendent. 



NUMBER 8— SECTION 2746. 
notice of annual meeting. 

Notice is hereby given to the qualified electors of the 

of , in the county of , state of Iowa, 

that the annual meeting of said district will be held at on 

the second Monday in March, 190—, at o'clock— m., and closing at o'clock.. m. 

A director will be elected for a term of years to succeed 

, one for years, to succeed 

, and 

The meeting will be open for the transaction of such business as may legally come 
before it, and the board has directed that the following propositions shall be sub- 
mitted to and determined by the voters : 



.190— Secretary. 



NUMBER 9 — SECTION 2746. 
proceedings of annual meeting. 

March 190— 

The electors of the in the 

county of state of Iowa, assembled at pur- 
suant to notice. The meeting was called to order by the president at o'clock— m. 

The secretary being absent, was elected secretary. 

The order of business and powers of the meeting were stated by the president. It 

was moved by seconded by , 

that the ballots provide for voting upon a tax of Dollars 

for schoolhouse purposes. 

Carried votes for and votes against. 

On motion of seconded by .-., it 

was voted that the ballots provide for voting a tax of Eight Hundred Dollars 
for the purpose of building a schoolhouse in subdistrict No 

It was ordered that the ballots afford opportunity to vote upon the proposition 

to transfer Dollars of unused schoolhouse fund to the 

teachers' (contingent) fund. 

The polls for voting were opened at minutes after o'clock. 

At minutes after o'clock the polls were closed, the ballots were 

counted, and the vote upon the several matters voted upon was in each case as follows : 



The time required by law during which the meeting must be kept open having 
passed, the meeting adjourned at minutes after o'clock. 



Secretary, Cl\airmar\,, 



158 BLANK FORMS, , - 

NUMBER 10— SECTION 2746. 

CERTIFICATB OP EIaECTION. 

We hereby certify that at the annual meeting of the in 

the county of state of Iowa, held on the second Monday 

in March, 190.., was duly 

elected of said district, for a term of years, 

to succeed 



Judges of President. 

Election 1 " sTc'r'eTary. 

190-_ Judge of Election. 



NUMBER 11— SECTION 2751. 

NOTICE OF SUBDISTRICT MEETING. 

Notice is hereby given that a meeting of the qualified voters of subdistrict No , 

of the school township of in the county of , state 

of Iowa, will be held at on the first Monday in March, 190.., 

at o'clock m., for the election of a director and for the transaction of such 

other business as may legally come before it. The question whether Hundred 

Dollars schoolhouse tax shall be voted upon the property of the subdistrict will be 
determined by ballot at such meeting. 



.190.. Director of Subdistrict No... 



NUMBER 12— SECTION 2751. 

PROCEEDINGS OF ANNUAL SUBDISTRICT MEETING. 

March 190.. 

The voters of subdistrict No , of the school township of in 

the county of , state of Iowa, met pursuant to notice. 

was appointed chairman, and secretary 

of the meeting. 

The chairman announced the powers of the meeting. 

The polls were opened at minutes after o'clock. At minutes 

after o'clock the polls were closed, and the judges proceeded to count the bal- 
lots. For director votes were cast for , votes 

for , and votes for , upon 

which 1 was declared elected director for the 

ensuing year, and he was given his certificate of election. Upon the proposition to vote 

a schoolhouse tax of Hundred Dollars upon this subdistrict, votes 

were cast for the tax, and against the tax. It was declared that the 

vote was 

At minutes after o'clock, on motion of the 

meeting adjourned. 



Secretary. Chairman. 



NUMBER 13 — SECTION 2751. 

CERTIFICATE OF ELECTION FOR DIRECTOR OP SUBDISTRICT. 

We hereby certify that at the annual meeting of subdistrict No , of the 

school township of , in the county of , state 

of Iowa, held on the first Monday in March, 190.., was 

duly elected director of said subdistrict. 

Judges of I Chairman. 

Election ) 

( Secretary. 
190.. 



NUMBER 14 — SECTION 2V53. 

CERTIFICATE OP TAX VOTED BT SUBDISTRICT MEETING. 

To , Secretary Board of Directors of the School Township 

of ; 

I hereby certify that the voters of subdistrict No of the school township 

of , in the county of , state of Iowa, at 

the meeting held 190.., voted a tax 

of Dollars for the erection of a schoolhouse in said subdistrict. 



.190.. Secretary of Subdistrict Meeting. 



BLANK FORMS. 159 

NUMBER 15 — SECTION 2760. 

BOND OF SECRETARY OR TREASURER, 

Knoyj all Men-hy These Presents: That I, , as principal, 

and and as sureties, of 

the in the county of , state of 

Iowa, are held and firmly bound unto the in the said county and 

state, in the penal sum of ..Dollars, to be paid to the 

said , for which payment, well and 

truly to be made, we bind ourselves, our heirs, executors and administrators firmly by 
these presents. 

The condition of this obligation is that as of 

the , In the county of state of Iowa, 

he will render a true account of his ofHce and of his doings therein to the proper 
authority, when required thereby or by law; that he will promptly pay over to the 
officer or person entitled thereto all moneys which may come into his hands by \irtue 
of his office; that he will promptly account for all balances of money remaining in lii* 
hands at the termination of his office; that he will exercise all reasonable diligence an i 
care In the preservation and lawful disposal of all money, books, papers, securities, o; 
other property appertaining to his said office, and deliver them to his successor, or ^ 
any other person authorized to receive the same ; and that he will faithfully anc^ 
impartally, without fear, favor, fraud or oppression, discharge nil duties now or 
hereafter required of his office by law ; and the sureties on such Ijond shall be liable 
for all money or public property that may come Into the hands of such officer :.t any 
time during his possession of such office.- 

In testimony whereof we have hereunto subscribed our names this. ..day 

of 190-. 



I'l incipdi. 

Hui-^ tits. 

State of IowAj County, ss. 

I, , do solemnly swear (or affirm) th.i* I will 

support the constitution of the United States and the constitution of the state of Iowa, 
and that I will faithfully and impartially, to the best of my ability, discharge all the 

duties of the office of secretary (or treasurer) of the In ilie county 

of , state of Iowa, as now or hereafter required by law. 



Subscribed and sworn to before me by the above named this 

day of 190- 

In testimony whereof witness my hand and official seal. 



(Seal.) Notary Public. 

State of Iowa, -County, ss. 

I, , being duly sworn, depose and say 

that I am a resident freeholder of the state of Iowa, and am worth the sum 

of Dollars beyond the sum of my debts, and have 

property liable to execution In this state equal to the sum of Dollars. 



Subscribed and sworn to before me by the above named— 

this day of 190.. 

In testimony whereof witness my hand and official seal. 



(Seal.) Notary Public. 



NUMBER 16— SECTION 2762. 

draft on the county TREASURER. 

190.. 

To , County Treasurer: 

Pay to , treasurer of the In 

the county of , state of Iowa, Dollars teachers' 

fund Dollars schoolhouse fund, and Dollars 

contingent fund, being the amount of tax collected and due this district for the quarter 
ending 190.., as shown by your notice of 190.. 



Secretary. President. 



NUMBER 17— SECTION 2762. 

ORDER ON DISTRICT TREASURER. 



190- 

To , Treasurer of the 

Pay to or order Dollars 

from the fund, for 



Secretary. President. 



leo 



BLANK FORMS. 



NUMBER 18 — SECTION 2762. 

ORDER REGISTER OF SECRETARY AND TREASURER. 



u 

o 

a 


Date 


In Whose Favor 
Drawn 


For What Purpose 


m 

tea 


o ^"^ 


C3 aj 3 
O 


1 


April 7, 190.... 
April 7, 190.... 
April 7, 190.... 
May 10, 190.... 
May U, 190.... 


John Smith 

A. J. Adams 

Joel B< Young 

Thomas Harrison . . 
Sarah Johnson 


Teaching school 


$45.00 






?, 


Repairs on schoolhouse... 


$ 5.00 




3 


Fuel 




$ 5 00 


4 


Erection of schoolhouse .. 




125.00 




5 


Teaching school 


63.74 





NUMBER 19 — SECTION 2764. 

REGISTER OF PERSONS OF SCHOOL AGE. 



Names 


Age 


Attendance In 
days for 
year ending 
June 30 




Parents or 


Guardians 


Children 




05 

a 


Reasons for Non- 
attendance 



























Note — Read section 2823-i. 



NUMBER 20 — SECTION 2766. 

CERTIFICATE OF COUNTY OFFICERS. 

I hereby certify that at a meeting of the board of directors of the held 

on the day of 190_., the following officers were elected 

and have qualified according to law : • 

, to the office of president, postoffice 

, to the office of secretary, postoffice 

, to the office of treasurer, postoffice 

, to the office of truant officer, postoffice 

190- 

Secretary. 
Members of the Board. 



Name 



Address 



Name 



Address 



BLANK FORMS. 
NUMBER 21 — SECTIONS 2749-2750. 



161 



CERTIFICATE OF TAXES. 



To the Board of Supervisors County: 

I hereby certify that the board of directors of the school township of 

county of , state of Iowa, has estimated amounts for the different 

funds as follows : 



Fund 


Amount 


Fund 


Amount 


Teachers' (Sec. 2806) 


$ 


Schoolhouse (Sec. 2813) 


$ 


Contingent fSec. 2806) 




♦School Building Bond (Sees. 2768 
and 2813) 











I certify, also, that the qualified electors of said school corporation, at a regular 

meeting held on the day of 190... voted the following 

taxes of the property of the school corporation : 



Fund 


Amount 


Fund 


Amount 


*Schoolhouse (Sec. 2749^ 


r 


* School Building Bond (Sees. 2749 
and 2768) 








$ 



-190. 



Secretary. 



* Taxes voted by the electors or estimated by the board to pay on "school building 
bonds," should be placed in the "school building bond fund." Taxes voted by the elect- 
ors for any other purpose belong in the "schoolhouse fund." 



NUMBER 22 — SECTIONS 2767 AND 2806. 



CERTIFICATE APPORTIONING TAXES. 



To the Board of Supervisors of County: 

I hereby certify that a tax voted by the voters of the school township of 

in the county of , state of Iowa, of Dollars 

for schoolhouse purposes, has been apportioned by the board of directors among the 
subdistricts as follows : 

Upon subdistrict No. 1 Dollars. 

Upon subdistrict No. 2 Dollars. 

Upon subdistrict No. 3 Dollars. 

Upon subdistrict No. 4 Dollars. 

Upon subdistrict No. 5 Dollars. 



.190- 



Secretary. 



NUMBER 23 — SECTION 2767. 



CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. 

To the Board of Supervisors of County: 

I am directed by the board of directors of the school township of in 

the county of state of Iowa, to certify that the voters of sub- 
district No of said township, at a meeting held 190.., voted 

that Dollars be raised on the property within the sub- 
district for schoolhouse fund. 



.190. 



Secretary. 



162 



BLANK FORMS. 



NUMBER 24^SECTION 2768. 

treasurer's account. 

Treasurer, in account with teachers' (schoolhouse or 

contingent) fund. 

Dr. 



Sept. 


28, 


190 


Oct. 


5, 


190 


Jan. 


4, 


190 


April 


5, 


190 


April 


5, 


190 


July 


5, 


190 



To cash received of county treasurer, semi-annual apportionment 

To cash received of county treasurer, district tax 

To cash received of county treasurer, district tax 

To cash received of county treasurer , district tax 

To cash received of county treasurer, semi-annual apportionment 
To cash received of county treasurer, district tax 



270.00 
75.00 
150.00 
197.00 
135.00 
100.00 



-Treasurer, in account with teachers' fund. 



Cr. 



Oct. 

Oct. 

Nov. 

May 

May 

May 

May 



13, 190. 

13, 190. 

14, 190. 

3, 190. 

4, 190. 

4, 190. 

5, 190. 



By cash paid James Hogan , on order No . 1 

By cash paid Sarah Smith, on order No. 3 

By cash paid Nicholas Hoover, on order No. 4 
By cash paid Louisa Martin, on order No. 7. . 
By cash paid Jas. M. Higgins, on order No. 10 
By cash paid Stephen Phelps, on order No. 11. 
By cash paid Amelia Mason, on order No. 13 . 



136.00 
89.00 

135.00 
82.00 

115.00 

175.00 
95.00 



NUMBER 25 — SECTION 2771. 

CERTIFICATE OF APPOINTMENT. 



To. 



You are hereby notified that at a meeting of tlie board of directors of the 

, in the county of , state of Iowa, on 

the day of 190.., you were appointed of 

said to fill a vacancy occasioned by the 

of 



.190- 



Secretary. 



NUMBER 26 — SECTION 2773. 



DEED FOR SCHOOLHOUSE SITE. 

Know all Men by These Presents: That we, , and 

, of the county of , state of 

Iowa, in consideration of the sum of Dollars in hand paid, do 

hereby sell and convey unto the , in the county 

of , state of Iowa, the following described premises, 

situated in the county of , state of Iowa, to-wit : (Here describe 

the premises.) 

And we do hereby covenant with the said that we 

are lawfully seized of said premises ; that they are free from incumbrance ; that we have 
good right and lawful authority to sell the same ; and we do hereby covenant to warrant 
and defend the title to the said premises against the lawful claims of all persons 
whomsoever. 



Signed this day of 190„ 

State op Iowa, County, ss. 

On this day of 190.., before me, a notary public in and 

for said county, personally came and --.- 

personally to me known to be the identical persons whose names are affixed to the 
above deed, for the purposes therein expressed. 

"Witness my hand and notarial seal this day of 190.. 



(L. S.) 



Notary Public. 



NUMBER 27 — SECTION 2773. 

LEASE OP SCHOOLHOUSE SITE. 



Know all Men by These Presents: That of the county 

of , state of Iowa, for the consideration hereinafter mentioned, does 



BLANK FORMS. 163 

hereby release unto , president of the board of directors of 

the , in the county of , state of Iowa, 

or his successor in ofHce, for the use of said for school pur- 
poses, the following described premises, situated in the county and state aforesaid, 
to-wit: (Here describe the lot or parcel of ground) together with all the privileges 

thereto belonging, for the term of from the dav 

of 190- 

Tho said , president as aforesaid, or his successor 

in office, hereby agrees to pay the said for the use of 

said premises, the rate of Dollars, to 

be paid at the expiration of this lease. 

In testimony whereof we have hereunto subscribed our names this day 

of 190- 

Signed in duplicate 



President. 



NUMBER 28 — SECTION 2778. 

CONTRACT BETWEEN BOARD AND TEACHER. 

This contract between.— , a teacher 

of county, Iowa, and , president 

board of directors of the in the county 

of , state of Iowa, witnesseth : 

That the said agrees to teach the public 

school in of said district for the term of weeks, 

commencing on the day of 190—, and well and faith- 
fully to perform the duties of teacher in said school, according to the law, and the 
rules legally established for the government thereof, including the exercise of due 
•diligence in the preservation of the school buildings, grounds, furniture, apparatus and 
other school property. 

In consideration of said services, the said , as 

president of the board, in behalf of said agrees 

to provide a suitable and comfortable room for said school, to keep the same in repair, 
to provide the supplies necessary for the comfort and progress of the school and to 

pay the said the sum of Dollars 

a, month for school months, at the end of 

Witness our hands this day of 190.. 



Teacher. 



President. 
Note — Any other matters agreed upon between the board and the teacher should be 
incorporated in the contract. 



NUMBER 29 — SECTION 2779. 

PROPOSALS FOR ERECTION (OR REPAIR) OP SCHOOLHOUSB. 

Notice is hereby given that the proposals for the erection (or repair) of a schoolhouse 

in the , in the county of , will be received 

by the undersigned, at his office in (where plans and 

specifications may be seen), until 1 o'clock p. m., 190.., at 

Tvhich time the contract will be awarded to the lowest responsible bidded. The board 
reserves the right to reject any or all bids. 

190— Secretary. 



NUMBER 30— SECTION 2779. 

CONTRACT FOR BUILDING A SCHOOLHOUSE. 

Contract made and entered into between . of the 

county of , state of Iowa, and , in 

behalf of the , in the county of , state 

of Iowa, and his successors in office. 

In consideration of the sum of Dollars, to be paid as herein- 

iifter specified, the said hereby agrees to build a 

schoolhouse and to furnish the material therefor, according to the plans and specifica- 
tions for the erection of said house hereto appended, at 

in said The said house is to be built of the best material in a 

substantial, workmanlike manner, and to be completed and delivered to tne said 



164 



BLANK FORMS 



— or his successors in office, free from any lien for 

work done or material furnished, on or before the day of 190- 

And in case the said house is not finished by the time herein specifled~"the' said 

shall forfeit and pay to the said 

or his successors in office for the use of said ^llthesum 

of Dollars, and shall also be liable for all dama'ges that 

may result to said in consequence of said lailuie. 

The said . , or his successors in office, in behalf of 

said , hereby agrees to pay the said the 

sum of Dollars when the foundation of said house is 

finished ; and the further sum of Dollars when the 

walls are up and ready for the roof ; and the remaining sum of Dol- 
lars when the said house is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sublet, transferred, or assigned, 
without the consent of both parties. 

Witness our hands this I-_day of 190-_ 



Contractor. 



President. 



NUMBER 31— SECTION 2779. 



BOND FOR PERFORMANCE OF CONTRACT. 



Know all Men by These Presents: That we, , as 

principal, and and , as 

sureties, of the county of , state of Iowa, are held and firmly bound 

unto the , in the county of state of Iowa, 

in the penal sum of Dollars, for the payment of which, 

well and truly to be made, we bind ourselves, our heirs, administrators and assigns, 
jointly, severally and firmly by these presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

as president of the board of directors of the , in the county 

of , state of Iowa, and his successors in office, for the erection 

and completion of a schoolhouse in said by the day 

of 190—, according to the plans and specifications for the 

construction of said house appended to said contract. 

Now, therefore, if the said shall faithfully and 

fully comply with all the stipulations of said contract, then this obligation shall be 
void, otherwise to remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names this day 

of 190- 



Principal. 



Sureties. 



NUMBER 32 — SECTION 2785. 

LIST OP PARENTS AND CHILDREN, KEPT BY DIRECTOR. 





Names of Children 


Age— 


5fears 


■M 

_ o *> 




Parents or Guard- 
ians 




s 


Reason for 
non-attend- 
ance 


John Smith 


Peter Smith 


10 

8' 

15 
12 


i2 


40 
100 

80 
120 


See below 




Eliza Smith 




James Jones 


William Jonea 






Charles Peters (ward) 




Anna Byron 


James Byron 




See below 



Note — Read section 2823-i. 



BLANK FORMS. 



165 



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166 



BLANK FORMS. 



NUMBER 34 — SECTION 2789. 

TEACHEE'S TERM REPORT. 

Register of the school taught in subdistrict number , of the school township- 

of , in the county of , state of Iowa, for 

the term commencing on the 18th day of May, 190.., and ending 190.. 





Attendance in Days 










for Weeks Com- 




Branches Studied 






mencing— 


m 

>> 




Pupils 












































■O 


































fl 






































o 


















s 




















C 


















CJ 




















eS 
'O 








o 


!>> 




t>. 


o 


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<D 










r< 


u 


U: 




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Name 


















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Sd 


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eS 







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cS 


Wl 


a 


n 


f= 


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b 


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a 


93 








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Peter Smith 


10 


4.5 


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* 


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Eliza Smith 


12 


4.5 


4.5 


3 








* 
* 


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* 


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* 


* 


* 


* 


* 


* 


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William Jones 




3 


8 


















Charles Peters 




4 


4 


5 








* 


* 


* 


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- 


» 


- 


- 






4 


15 


5 


5 


5 








* 











I hereby certify that the above is a faithful and correct register of said school. 

Teacher. 



NUMBER 35— SECTION 2803. 

NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. 

To ^ , Secretary of the Board of Directors of 

Notice is hereby given that and , 

children residing in the , have been granted permission by the board 

and county superintendent to attend school in , commencing on 

the day of 190.., for a term of months. 



.190. 



NUMBER 36— SECTION 2808. 
notice op semi-annual apportionment. 

Office of County Treasurer, 



President. 
Secretary. 



190....J 



To , President of the 

You are hereby notified that according to the semi-annual apportionment made 

this day by the county auditor, as provided by section 2808, the sum of 

Dollars is due the , in the county of , state of Iowa. 



County Treasurer. 



NUMBER 37 — SECTION 2809. 
certificate of election op county superintendent. 
Office of County Auditor, 

. , 190 , 

I hereby certify that . was elected to the office of 

county superintendent, for the term commencing January , 190„ 

His postofflce address is , Iowa. 

County Auditor. 



BLANK FORMS. 167 

NUMBER 38 — SECTION 2809, 

certificate of qualification of county superintendent. 

Office of County Auditor, 

, 190-—, 

I hereby certify that has duly qualified for the 

office of county superintendent for the term commencing January 190— 

His postoflice address is Iowa. 

County Auditor. 



NUMBER 39— SECTION 2810. 

notice op school tax collected. 

Office of County Treasurer, 

, 190- 

To , President of the Board of Directors of the 

You are hereby notified that the amount now collected and due the 

in county, state of Iowa, is : 

$ teachers' fund. $ schoolhouse fund. 

$ contingent fund. $ school building bond fund. 



County Treasurer. 



NUMBER 40 — SECTION 2815. 

APPLICATION FOH APPOINTMENT OF REFEREES. 

To , Superintendent of County: 

In accordance with the action of the board or directors of the 

you are hereby requested to appoint three disinterested persons to inspect, and assess 
the damages which the owner will sustain by appropriating for school purposes, the 
following described real estate : 



-190. _ President. 

Secretary. 



NUMBER 41 — SECTION 2815 

APPOINTMENT OF REFEREES. 

To and 

You are hereby appointed and constituted a board of referees, under the provisions 
of section 2815, to assess the damages which the owner will sustain by the appropriation 
for school purposes, of the following described real estate : 



in , in the county of , state of Iowa, 

containing one acre of land, exclusive of highway. 

You will, therefore, on the day of 190-., at o'clock--m., 

proceed to examine the real estate above described, and assess, under oath, the cash 
damages which the owner will sustain by the appropriation of said land for school 
purposes, and immediately thereafter report to me in writing the amount of said 
damages. 



.190-- County Superintendent. 

OATH OF REFEREES. 



We, and 

do solemnly swear that we will well and truly, and to the best of our abilty perform 
all the duties imposed upon us by the foregoing eommi&sion. 



Subscribed and sworn to before me by 

and this day of 190„ 



Notary Public. 



IRS ^ BLANK FORMS. 

NUMBER 42 — SECTION 2815. 

NOTICE TO OWNER OF REAL ESTATE. 

To , County: 

You are hereby notified that I have this day appointed referees to assess the dam- 
ages which the owner will sustain by the appropriation for school purposes of the 
following described real estate : 



Said referees will meet at the above described real estate on the day 

of 190__, at o'clock— m., and assess said dam- 
ages as provided by law. 



-190— County Superintendent. 



NUMBER 43— SECTION 2815. 

REPORT OF REFEREES. 

To , Superintendent of County: 

We, the undersigned, appointed to assess the dameges which the owner will sustain 
by the appropriation for school purposes, of the following described real estate : 

do hereby report that we have on this day of 190-.carefully 

examined said described real estate and have assessed the damages at i— 

Dollars. 



-190— Referees. 



NUMBER 44 — SECTION 2815. 

NOTICE OF ASSESSMENT OP DAMAGES. 

To , County: 

You are hereby notified that referees were appointed to assess the damages which 
the owner would sustain by the appropriation for school purposes of the following 
described real estate: 



and that said referees met at said premises on the day of 190—, 

and assessed said damages at Dollars, as shown by 

their report on file in my office. 



-190.. County Superintendent. 



NUMBER 45— SECTION 2818. 

AFFIDAVIT OP APPEAL. 

State op Iowa, County, ss. 



V. 

School Township of 

I, '., being duly sworn, on oath, say : That on 

the day of 190—, the board of directors of said school 

township rendered a decision (or made an order) whereby (here state facts showing 
affiant's interest in the decision and the injury to that interest); that said board in 
rendering the decision (or making the order) aforesaid, committed errors as follows. 
(Here state the errors charged.) 



Subscribed and sworn to by before me, this day 

of 190- 



Notary Public. 



NUMBER 46 — SECTION 2819. 
notice of appeal. 
State op Iowa, County, ss. 



V. 

School Township op ^ 

To , Secretary Board of Directors of the School 

Township of .■ 

You are hereby notified that has filed in my office an 



BLANK FORMS. 169 

affidavit alleging that said board of directors, on the day of 190-_, 

made a decision for an order) whereby (here describe the decision or order so that the 
secretary may identify it), and claiming an appeal therefrom. You are therefore re- 
quired within ten days after receiving this notice, to file in my office a complete tran- 
script of the record of the proceedings of the board relating to said order, together with 
copies of all papers filed with you pertaining to said action appealed from. 



190-_ County Superintendent. 

NUMBER 47 — SECTION 2 819. 

CERTIFICATE TO SECRETARY'S TRANSCRIPT. 



I, , secretary of the board of directors of the school 

township of , in the county of , state of 

Iowa, hereby certify that the foregoing is a correct and complete transcript of the 
record of all proceedings of the board and of all papers filed relating to the case 



-190.. Secretary. 



NUMBER 48 — SECTION 2819. 

NOTICE OF HEARING OF APPEAL. 

State of Iowa^ County, ss. 



V. 

School Township of 

To 

You are hereby notified that there is on file in this office a transcript of the pro- 
ceedings of the board of directors of the school township of at 

a meeting held on the day of 190-., in relation to 

(here describe the decision or order appealed from) from which appeal has been taken ; 

and that the said appeal will be heard before me at on the day 

of 190._, at o'clock— m. 



-190 County Superintendent. 



NUMBER 49 — SECTION 2820. 

certificate to county superintendent's transcript. 

I, , superintendent of county, 

state of Iowa, hereby certify that the foregoing is a correct and complete transcript of 
the records of all proceedings had, testimony given and papers filed in my offlce, and 
my rulings thereon, also of my decision in the case v 



.190.. County Superintendent. 



NUMBER 50 — SECTION 2824. 

BOND FOR SALE OF BOOKS AND SUPPLIES. 

Know all Men by These Presents: 

That we, , of the county of , as 

principal, and and as sureties, 

are held and firmly bound unto the in the county of , state 

of Iowa, in the penal sum of ^ Dollars, for the payment 

of which we bind ourselves, our heirs, executors and administrators, firmly by these 
presents. 

The condition of the foregoing obligation is, that whereas the above named 

is to take charge of, care for, and account 

for all text-books and supplies, and to return all moneys received from the sale of 
such books and supplies to the contingent fund of said district ; now, if the said 

shall promptly pay over to the treasurer of the 

district all money which may come into his hands from the sale of books and supplies, 
and shall account in full at any time for all books and supplies coming into his hands, 
and shall deliver to any person or officer authorized to receive the same, all books and 
supplies unsold, and make full settlement as required by law, then this bond to be void, 
otherwise in full force. 

Signed this day of 190. 

Principal. 
Sureties. 



170 BLANK FORMS. 

NUMBER 51 — SECTION 2828. 

NOTICE TO PUBLISHERS OF TEXT-BOOKS. 

Notice is liereby given that in accordance with law, bids will be received up to« 

of the day of 190_., 

by at for the following: 

text-books and supplies for the use of the schools of said 

Approximate Number Needed for First Supply. 

Readers First to Fifth, inclusive 

Arithmetics, two books 

Speller 

Geographies, two books 

United States History 

Grammar 

Language Lessons 

Copy Books, 1-5, inclusive 

Physiology 

Approximate number in attendance upon the schools of said dur- 
ing the year 190 

Samples of all text-books included in any bid must be deposited and remain in 
the office of the county superintendent. 

The board reserves the right to reject any or all bids, or any part thereof. 



-190— President. 

Secretary. 



NUMBER 52 — SECTION 2830. 

BOND OF CONTRACTOR TO FURNISH TEXT-BOOKS. 

Know all Men by These Presents: 

That we, of , as 

principal, and , as sureties, 

are held and firmly bound unto the in the penal sum 

of Dollars to be paid to the said for 

which payment well and truly to be made, we bind ourselves, our heirs, executors and 
administrators firmly by these presents. 

The conditions of the above obligation are such that if the above bounden 

shall well and truly fulfill and comply 

with all the obligations of their contract made on the day of 190—, 

with the aforesaid 

providing for the furnishing of school text-books at prices and on conditions set forth 
in their said contract, a copy of which said contract is hereto attached and made a part 
hereof, then this obligation to be void ; otherwise to remain in full force and effect. 

In testimony whereof we have hereunto subscribed our names this day 

of 190- 



Principal. 
Sureties. 



NUMBER 53— SECTION 2831. 

PETITION FOR COUNTY UNIFORMITY. 

To , County Superintendent : 

We, the undersigned, holding the office of school director, ask for the adoption 
of a uniform series of text-books in the schools of this county, and that you take 
steps to submit the question to the electors of the county, at the annual school meeting 
in March, as provided by law. T 



Names 


District Name 


Township 





















.190.. 



BLANK FORMS. 



171 



NUMBER 54 — SECTION 2831. 

PROPOSITION AND BALLOT FOR COUNTY UNIFORMITY. 

Shall there be a uniform series of school text-books in 

Iowa? Write yes or no in the square to the right. 



-county, 



NUMBER 55— SECTION 2758. 

OATH OF PRESIDENT OR DIRECTOB. 

State of IowAj County, ss. 

I, , do solemnly swear (or affirm) that I will 

support the constitution of the United States, and the constitution of the state of Iowa, 

and that I will faithfully discharge the duties of *as now or 

hereafter required by law. 



Sworn to before me and subscribed in my presence by the said. 
this day of A. D. 190„ 



* Director of subdistrict or president of the board, as the case may be. 



NUMBER 56 — SECTIONS 2823-n TO 2823-r. 

ORDER for library BOOKS. 

To the city of state of ; 

I have been authorized to order the following books for the school library in 

the district (No ), of , township of , 

county of , state of Iowa. 

Enclosed find money order or bank draft for $ , in full payment of the 

same. 



No. Copies 
Wanted 


Title 


Catalogue 
Number 


Net Price 








Del. 


Cts. 






















4®=- Always flU out this blank carefully and plainly : 



Ship via R. R. 

To 

R. R. Station 

County 

State 



Signed. 



Secretary 



P. O. Address. 



County. 



State. 



190.. 



NUMBER 57— SECTION 2823-b. 

NOTICE TO PRINCIPAL OF PRIVATE OR PAROCHIAL SCHOOL. 

Office of secretary, board of directors of the district 

(No ), township of , county of , state of 

Iowa. 

190- 

To , Principal of .• 

As provided in section 2, chapter 128, acts of the Twenty-ninth General Assembly, 
within ten days from the receipt of this notice, you will please make a certified report 
to this office, giving the names, ages, and days of attendance of all pupils in your 

school for the preceding year, beginning and 

ending 



Secretary. 
Postofftce. 



172 



BLANK FORMS. 



NUMBER 58 — SECTION 2823-b. 



NOTICE TO ANT I'ERSON HAVING CONTROL OF CHILD, FROM SEVEN TO FOURTEEN TEARS OF 
AGE, UNDER PRrV'ATE INSTRUCTION. 

Office of secretary, board of directors of the district 

(No ) township of , county of , state 

of Iowa. 

190 

To , 

' Iowa: 

As provided in section 2, chapter 128, acts of the Twenty-ninth General Assembly, 
within ten days from the receipt of this notice, you will please make a certified report 
to this office stating the name and age of the child under your control now re- 
ceiving private instruction, and the period of time during which said child ha 

been under such private instruction within the preceding year, beginning 

190--, and ending 190— 



Secretary. 
Postofflce. 



NUMBER 59 — SECTION 2823-b. 

REPORT OF ATTENDANCE AND WORK IN PRIVATE OR PAROCHIAL SCHOOL OR UNDER PRIVATE 

TUTOR. 





< 






Days 
Attend 


Studies Pursued 




Name of Pupil 


Date Enrolled 


o 
O 


a 


d 


o 

'r-t 
■t-» 

<v 

a 

< 


u 

S 

s 


O 
O 
to 
t>. 

Si 


iS 

CO 
t3 


Si 

o 


o 

> 


Name of 
Parent or 
Guardian 


■v 































NUMBER 60 — SECTION 2823-q. 

REPORT BY TEACHERS, COUNTT SUPERINTENDENTS, SCHOOL OFFICERS, OR EMPLOYEES, TO THE 
SECRETARY OP THE SCHOOL CORPORATION^ CONCERNING VIOLATIONS OF THE LAW FOR 
COMPULSORT EDUCATION. 

-190- 



To , Secretary of the Board of 

Directors of Distrct (No ) township of , county 

of ., state of Iowa: 

1 hereby certify that I have reason to believe that and , 

children between the ages of seven and fourteen years, are not attending school as 
required by the provisions of chapter 128, acts of the Twenty-ninth General Assembly 
providing for compulsory education. 



BLANK FORMS. 173 

INDEX TO FORMS. 



NO. PAGE. 

Revocation of Teachers' Certificate 1 ]55 

Application for Teachers' Normal Institute 2 155 

Monthly Report of Examination Fees, Institute Fund 3 156 

Report of Registration Fees, Institute Fund 4 156 

Monthly Remittance to State Treasurer 5 156 

Receipt for Institute Fund 6 167 

Order on Institute Fund 7 157 

Notice of Annual Meeting 8 157 

Proceedings of Annual Meeting 9 157 

Certificate of Election 10 158 

Notice of Subdistrict Meeting 11 158 

Proceedings of Annual Subdistrict Meeting 12 158 

Certificate of Election of Director of Subdistrict 13 158 

Certificate of Tax Voted by Subdistrict Meeting 14 158 

Bond of Secretary or Treasurer 15 159 

Draft on County Treasurer 16 159 

Order on District Treasurer 17 159 

Order Register of Secretary and Treasurer 18 160 

Register of Persons of School Age 19 160 

Certificate to County Officers 20 160 

Certificate of Tax 21 161 

Certificate Apportioning Tax 22 161 

Certificate of Tax Voted by a Subdistrict 23 161 

Treasurer's Account 24 162 

Certificate of Appointment 25 162 

Deed for Schoolhouse Site 26 162 

Lease of Schoolhouse Site 27 162 

Contract Between Board and Teacher 28 163 

Proposals for Erection or Repair of Schoolhouse 29 163 

Contract for Building Schoolhouse 30 163 

Bond Performance of Contract 31 164 

List of Parents and Children, kept by Director 32 164 

Teacher's Daily Register 33 165 

Teacher's Term Report 34 166 

Notice Permitting Attendance from Amother District 35 166 

Notice of Semi-annual Apportionment 36 166 

Certificate of Election of County Superintendent 37 166 

Certificate of Qualification of County Superintendent 38 167 

Notice of School Tax Collected 39 167 

Application for Appointment of Referees 40 167 

Appointment of Referees 41 167 

Notice to Owner of Real Estate 42 168 

Report of Referees 43 168 

Notice of Assessment of Damages 44 168 

Affidavit of Appeal 45 168 

Notice of Appeal 46 168 

Certificate to Secretary's Transcript 47 169 

Notice of Hearing of Appeal 48 169 

Certificate to County Superintendent's Transcript 49 169 

Bond for Sale of Books and Supplies 50 169 

Notice to Publishers of Text-Books 51 170 

Bond of Contractor to Furnish Text-Books 52 170 

Petition for County Uniformity 53 170 

Proposition and Ballot for County Uniformity 54 171 

Oath of President or Director 55 171 

Order for Library Books 56 171 

Notice to Principal of Private or Parochial School 57 171 

Notice About Child Under Private Instruction 58 172 

Report of Principal to Tutor or Secretary of Board 59 172 

Report Concerning Violations of Compulsory Law 60 172 



DECISIONS 



IN 



APPEAL CASES 



Compiled for the Use of School Officers 
and Directors 



EDITION OF 1907 



JOHN F. RIGGS 

Superintendent of Public Instruction 



PREFACE. 



In the compilation of the foUowing decisions it has been our aim to select, 
as far as possible, only such cases as have a decisive bearing upon some impor- 
tant point of school law. 

There are many questions arising in the administration of these laws which 
the courts alone have power to decide. All questions involving the right and 
title to office, the interpretation of contracts, the right to levy and collect 
taxes, the payment of money, and any act of the electors of a school district, 
are matters that should be tried in the courts, and can not be determined by 
appeal to the county superintendent or to the superintendent of public in- 
struction. 

Many of the appeals taken in the past have grown out of contention over 
the location of schoolhouse sites. As our state becomes more generally set- 
tled these questions arise with less frequency. 

Y/hen possible, appeals to the superintendents or courts should be avoided. 
The timely and judicious advice of county superintendents will do much more 
to secure amicable adjustment of many school controversies. 

A careful perusal and study of these decisions by the school officers will 
enable them to administer the laws so justly and intelligently that many of 
the unfortunate contests that too frequently involve school districts and neigh- 
borhoods may be avoided. 

John F. Riggs, 

July 4, 1907. Superintendent of Public Instruction. ~ 



TABLE OF GASES 



Amsden v. Macedonia 72 

Arthur v. Fairway 25 

Bacon v. West Des Moines. . .95, 97 

Badger, O'Connor v 44 

Baker, Martin v 82 

Baker v. Waukon 3 8 

Bartlett v. Spencer 33 

Baxter v. Bear Grove 81 

Bear Grove, Baxter v 81 

Bear Grove, Messner et al. v. . . . 98 

Belmond, Thompson r 61 

Benson et al. v. Silver Lake. ... 67 

Boomer, Remington v 11 

Boyle, Grey v 70 

Brighton, Woods v 24 

Brown v. Van Meter '. . . . 22 

Burrington, Moody v 14 

Byrne v. Struble 116 

Cedar, Miner v 9 

Center, Folsom v 41 

Center, Sheaf e v 56 

Charles City, Harwood v 17 

Clarence, Tanner v 53 

Claxton V. Holmes 60 

Colburn v. Silver LaKe 32 

Cook, Hammer v 109 

Cormack v. Lincoln 3 

Crawford, Walker v 45 

Curry v. Franklin 5 

Davis V. Linn 48 

Davis V. Madison 13 

Deck V. Eden 40 

Des Moines, Handersheldt v. . . . 34 

Donald v. South Fork 28 

Donelon v. Kniest 52 



Eagle, Reed v 55 

Eden, Deck v 40 

Eldon, Taylor v 16 

Empire, Watkins v 49 

Engbers v. Richmond 113 

Exira, Watson v 17 

Fairway, Arthur v 25 

Fallon V. Fort Dodge 68 

Fieldberg Severied et al. v 62 

Folsom V. Center 41 

Forsythe v. Kirkville 58 

Fort Dodge, Fallon v 68 

Franklin, Curry v 5 

Franklin, Hancock v Ill 

Franklin, Rush v 101 

Fremont, Hook v 11 

Glenwood, Rogness v 69 

Gosting V. Lincoln 21 

Grant, Odendahl v 80 

Gregory v. McCord 71 

Grey v. Boyle 70 

Grove, McKee v 74 

Hale V. Riverdale 93 

Hammer v. Cook 109 

Hancock v. Franklin Ill 

Handersheldt v. Jjes Moines 34 

Hartford, Ingraham v 65 

Harwood v. Charles City 17 

Heath v. Iowa 77 

Hiteman, Wilson v 107 

Holmes, Claxton v 60 

Hook V. Fremont 11 

Hubbard v. Lime Creek 20 

Hudgens v. No. 10 84 

Ingraham v. Hartford 65 

Iowa, Heath v.,,,,,. 77 



TABLE OF CASES 



Jackson v. Steamboat Rock 78 

Jacoby v. Nodaway 29 

Jasper, Thomson v 23 

Johnston v. Sanborn 93 

Johnston v. Utica 3 9 

Jones V. Ocheyedan 103 

Kenworthy v. Oskaloosa 66 

Kirkville, Forsythe v 58 

Kletzing v. Montour 86 

Kniest, Donelorl v 52 

Lester, Sipple v 6 

Lime Creek, Hubbard v 2 

Lincoln, Cormack v 30 

Lincoln, Gosting v 21 

Lincoln, Maxwell v 50 

Linn, Davis v 48 

Lodomillo, Rankin v 31 

Lytle V. Washington. 105 

Macedonia, Amsden v 72 

Madison, Davis v 13 

Martin v. Baker 82 

Maxwell v. Lincoln 50 

McCord, Gregory v 71 

McKee v. Grove 74 

McMillan v. Waveland 75 

Messner, Rigler v. Bear Grove. . 98 

Miner v. Cedar 9 

Monroe, Wilson v 27 

Montour, Kletzing v 86 

Moody V. Burrington 14 

Munn V. Soap Creek 88, 91 

Nodaway, Jacoby v 29 

No. Seven, Webster v 57 

No. Ten, Hudgens v 84 

O'Connor v. Badger 44 

Ocheyedan, Jones v 103 

Odenhall v. Grant 80 

Oelke V. Spencer 99 

Oskaloosa, Kenworthy v 66 

Park V. Pleasant Grove 3 6 

Peck V. Polk 12 

Pleasant Grove, Park v 3 6 

Polk, Peck y 12 



Randall v. Vienna 15 

Rankin v. Lodomillo 31 

Reed v. Eagle 55 

Remington v. Boomer 11 

Richmond, Bnbers v 113 

Riverdale, Hale v 93 

Rogness v. Glenwood 69 

Rush V. Franklin 101 

Sanborn, Johnston v 93 

Severied et al. v. Fieldberg 62 

Sheaf e v. Center 56 

Shelby, Sutton v 100 

Silver Lake, Benson et al v 67 

Silver Lake, Colburn v 32 

Sipple V. Lester 6 

Soap Creek, Munn v 88, 91 

South Fork, Donald v 28 

Spencer, Oelke v 99 

Spencer, Bartlett v 33 

Steamboat Rock, Jackson v 7 8 

Btruble, Byrne v 116- 

Sutton V. Shelby 100 

Tanner v. Clarence 53 

Taylor v. Eldon 16 

Thompson v. Belmond 61 

Thompson v. Jasper 23 

Topping &, Williams v. Union. . .108 

Union, Topping et al. v 108 

Utica, Johnston v 39 

Van Meter, Brown v 22 

Vienna, Randall v 15 

Walker v. Crawford 45 

Watkins v. Empire 49 

Washington, Lytle v 105 

Watson v. Exira 17 

Waukon, Baker v 38 

Waveland, McMillan v 75 

Webster v. No. Seven 57 

West Des Moines, Bacon v. . . .95, 97 

Wilson V. Hiteman 107 

Wilson V. Monroe 27 

Woods V. Brighton 24 



SCHOOL LAW DECISIONS. 



S. L. CuREy V. District Township of Franklin. 

Appeal from Decatur County. 

Cqtjnty Superintendent. Has no jurisdiction of an appeal until an aflBdavit 
is filed in his office. The appeal must be taken by affidavit. 

Affidavit. An affidavit is a statement in writing of the errors complained of, 
signed and made upon oath before an authorized magistrate. 

Jurisdiction. An application . for an appeal filed within thirty days from the 
act complained of will not give the county superintendent jurisdiction of the 
case. 

Notice. The county superintendent should not issue notice of final hearing 
until the transcript of the district secretary has been filed. 

Testimony. Unless obviously immaterial, testimony offered should be ad- 
mitted and given such weight as it merits. 

Disceetionaet Acts. Should not be disturbed except upon evidence of unjust 
exercise of discretion. 

December 16, 1867, at a special meeting of the board, a vote to change the 
boundaries of subdistricts so as to form a new subdistrict in accordance with 
the prayer of petitioners, resulted in a tie. From this virtual refusal to act, 
S. L. Curry appealed to the county superintendent, who on the thirty-first of 
the same month formed a new subdistrict. Appellant alleges in his affidavit 
that the county superintendent assumed jurisdiction of this case without war- 
rant of law, that there never was "at any time an affidavit or any other state- 
ment in said appeal case filed in the office" of the superintendent, hence the 
want of jurisdiction. 

The "act to provide for appeals," section two, provides that "The basis of 
proceeding shall be an affidavit, filed by the party aggrieved, with the county 
superintendent, within the time allowed for taking the appeal." An affidavit is 
a statement in writing, signed and made upon oath before an authorized magis- 
trate. A county superintendent can have no proper jurisdiction of an appeal 



6 SCHOOL LAW DECISIONS 

case until such affidavit has been filed. A notice of intention to file an affi- 
davit, a verbal complaint, or a petition, is not sufiicient to give the county 
superintendent jurisdiction in appeal cases. The afiidavit setting forth "the 
errors complained of in a plain and concise manner," must be in his hands 
before he is justified in commencing proceedings. The decision of the super- 
intendent recites that the affidavit was filed December 21st, which might be 
taken as conclusive, if it was not contradicted by the record. The transcript 
shows that said affidavit was not subscribed and sworn to until December 28th, 
hence we do not clearly see how it could have been filed on the 21st. 

December 24th, four days before the affidavit was made, and which appellant 
alleges was never filed with the superintendent, said superintendent gave no- 
tice to the parties that the hearing would take place on the 30th. This pro- 
ceeding, as an appeal case, was entirely unauthorized by law, and as he com- 
menced proceedings in disregard of the plain provisions of the law and without 
legal jurisdiction, his decision is annulled. It may be said, and not without 
authority, that as both parties responded to the notice, and came before the 
superintendent, he thereby acquired jurisdiction, but we feel unwilling to 
sanction disregard of law by approving such great irregularities. 

Without touching the real merits of the questions at issue, the formation of 
a new subdistrict, which we are willing to leave to the local authorities, we 
refer briefly to three points of law raised by appellants. 

The county superintendent should not issue notice of final hearing until 
both the affidavit and the transcript of the secretary have been filed in his 
office. 

Though the change of subdistrict boundaries by the board is a discretion- 
ary act, it may be reviewed by the county superintendent, on appeal, but the 
decision of the board should not be disturbed unless said discretionary power 
has been abused or exercised unjustly. 

The county superintendent should have received the remonstrances offered 
on trial in evidence, and exercised his judgment as to their weight and value. 

Reversed. 
D. FRANKLIN WELLS, 

March 26, 1868. Superintendent of Puilic Instruction. 



Elias Sipple v. District Township of Lester. 

Appeal from Black Hawk County. 

Testimony. At the hearing of an appeal, it is competent for the county super- 
intendent, upon his own motion, to call additional witnesses to give testimony. 

Records. In the absence of. the allegation of fraud, testimony to contradict 
or impeach the records of the district cannot be received. 

Records. The board may at any time amend the record of the district, when 
necessary to correct mistakes or supply omissions. And it may upon proper 
showing be compelled by mandamus to make such corrections. 

Affidavit. The affidavit answers its leading purpose if it sets forth the errors 
complained of with such clearness that the proper transcript may be secured. 



SCHOOL LAW DECISIONS 7 

At the regular meeting of the board held September 16, 1867, attended by 
four of the seven members, motions were made and seconded for the creation 
of two new subdistricts whose boundaries were described in the motions. In 
regard to the action on these motions the record of the secretary contains 
merely the word "carried." At a special meeting held February 15, 1868, the 
action of the board in September in relation to the formation of new sub- 
districts was "reconsidered" and "rescinded." From the February action 
Elias Sipple appealed to the county superintendent. During the progress of 
the hearing, which took place March 20, 1868, the county superintendent called 
upon one of the four members that attended the September meeting, who 
testified that he did not vote for the motion to create a new subdistrict. As it 
thus appeared that the new subdistricts were not established by a vote of a 
majority of all the members of the board, as required by law, and as said 
September action was rescinded at a full meeting of the board In February, 
the county superintendent, considering the formation of the subdistricts illegal 
and void, dismissed the appeal. From this decision Barney Wheeler appeals. 

Appellant alleges substantially that the county superintendent erred as 
follows: In himself calling a witness to give testimony; in receiving testimony 
to impeach the district record, which is claimed to be valid and binding after 
thirty days; in dismissing the appeal; in not establishing the subdistricts. 

The law requires the county superintendent to give a "just and equitable" 
decision, and as the calling of additional witnesses may sometimes enable him 
to discharge this duty more faithfully, his action in this respect is sustained. 

The second error assigned really includes two distinct points, which will be 
considered separately; and first, in regard to the impeachment of the district 
record. The law provides for an annual meeting of the electors of the district 
township, and for semi-annual and special meetings of the board of directors; 
also that "the secretary shall record all the proceedings of the board and dis- 
trict meetings in separate books kept for that purpose." It is a general prin- 
ciple of law that "oral evidence can not be substituted for any instrument which 
the law requires to be in writing, such as records, public documents," etc. 1 
Greenleaf's Evidence, §86. "It Is a well-settled rule that, where the law re- 
quires the evidence of a transaction to be in writing, oral evidence cannot be 
substituted for that, so long as the writing exists and can be produced; and 
this rule applies as well to the transactions of public bodies and officers as 
to those of individuals." The People v. Zeyst, 23 N. Y., 142. In the case of 
Taylor v. Henry, 2 Pick., 397, the supreme court of Massachusetts held that 
an omission in the records of a town meeting could not be supplied by parol 
evidence. Chief Justice Shaw, in discussing the case, said that it would be 
"dangerous to admit such a proof." Mr. Starkie, in his valuable treatise on 
evidence, says: "Where written instruments are appointed either by the im- 
mediate authority of the law or by the compact of the parties, to be the per- 
manent repositories and testimony of truth, it is a matter both of principle 
and policy to exclude any inferior evidence from being used either as a substi- 
tute for such instruments or to contradict or alter them; of principle, because 
such instruments are, in their own nature and origin, entitled to a much 
higher degree of credit than that which appertains to parol evidence; of policy, 
because it would be attended with great mischief and inconvenience, if those 
instruments upon which men's rights depend were liable to be impeached and 



8 SCHOOL LAW DECISIONS 

controverted by loose collateral evidence." Starkie, part IV, page 995, volume" 
III, 3d Am. Ed. 

The reason of the rule upon which the courts agree with such entire una- 
nimity applies with ^orce in the case now under consideration. The records of 
the district and board meetings contain a statement of the regulations adopted, 
and the acts done in the exercise of the powers with which the respective 
bodies are invested by the law. They present to all the citizens of the district 
township, in a permanent form, certain and definite information which could 
be obtained, with equal certainty, in no other way. Memory is defective, but 
the secretary records the transactions as they occur. The actors change from 
year to year, but the record is permanent. And though the admission of oral 
testimony to alter a record or supply an omission therein might sometimes 
promote the attainment of justice, the prevalence of such a practice would 
result in more evil than good. It is held, therefore, that in the absence of 
alleged fraud the county superintendent errs, in admitting parol evidence to 
contradict or impeach the record of the September meeting of the board. 

In regard to the other part of the second point a few words will suffice. 
The counsel for appellant urges that though the record of the September meet- 
ing was imperfect, the lapse of thirty days made the record valid and binding 
apon the district. It is true that the right to take an appeal to the county 
superintendent expires after thirty days, but I am unable to see how the lapse 
of time will validate what was before invalid. The secretary is the proper 
custodian of the records of the school district, and before the record of the 
proceedings of the board has been approved or adopted by the board, the secre- 
tary may amend them by ssipplying omissions, or otherwise correcting them. 
After they have been approved they may be amended and corrected by direc- 
tion of the board, even after the lapse of thirty days. In Massachusetts a town 
clerk is permitted to amend the record in order to supply defects, even after 
a suit involving a question respecting them has been commenced. I am of the 
opinion that if the secretary or board of directors decline to make necessary 
corrections in the record, that a party interested may proceed by mandamus 
to compel the correction. If the record is to be impeached, it must be, in the 
absence of fraud, by a direct proceeding instituted for that purpose, and not by 
( collateral or indirect method. The People vs. Zeyst, 23 N. Y., 147-8. 

The district record in this case is not as full as it might with propriety be. 
The law provides that the boundaries of subdistricts shall not he changed ex- 
cept by the vote of a majority of the members of the board. The record fails 
to show that this requirement of the law was complied with at the September 
meeting. The secretary says that the motion to redistrict "carried." This is 
his opinion, but he fails to give the fact upon which it is based. Pour of the 
seven members were present, but he does not say who, or how many voted for 
the change. Properly this should have been stated. When, however, the dis- 
trict record declares that a motion was "carried," the law will presume that 
it was carried in accordance with the requirements of the statute; though 
there is reason to believe that the presumption in this instance is a violent one. 
It follows that there was no legal evidence that the subdistricts were not 
established in accordance with law; hence, the conclusion is inevitable that 
the county superintendent erred in dismissing the appeal for the cause as- 
signed. 



SCHOOL LAW DECISIONS 9 

At the commencement of the trial and again during its progress, the de- 
fendant moved the county superintendent to dismiss the case on account of the 
insufficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is 
usual to make affidavits in such cases, yet it "set forth the errors complained 
of" with such plainness and conciseness as enabled the county superintendent 
to obtain the necessary transcripts, and this is all the law really requires. It 
has not been customary heretofore to force any particular form of affidavit, 
and the superintendent's ruling refusing to dismiss on defendant's motion is 
sustained. 

As the testimony appears not to have been all in when the case was dis- 
missed by the county superintendent, no opinion can be given in regard to the 
propriety or necessity of establishing the proposed new subdistricts. The case 
is therefore returned to the county superintendent, who will proceed with the 
hearing, first allowing a reasonable time for the correction of the district 
record or for the enforcement of its correction should such correction be 
deemed necessary by either of the interested parties. Should the district 
record be amended so as to show conclusively that the said subdistricts were 
not legally formed at the said meeting in September, it will follow that the 
said subdistricts never had a legal existence, and that the plaintiff could not be 
aggrieved by the action of the February meeting, hence the county superin- 
tendent will determine the case in favor of the appellee. Should said record 
not be amended, or should it be amended so as to show clearly that said sub- 
districts were established in all respects in conformity with law, the question 
of establishing the new subdistricts, or more properly retaining their organiza- 
tion, will be determined upon its merits. 

Reversed. 
D. FRANKLIN WELLS, 

July 23, 1868. Superintendent of Public Instruction. 



E. J. Miner v. District Township of Cedar. 

9 

■Appeal from Floyd County. 

Contested Election. The proper method of determining a contested election 
for school director is by an action brought in the district court. 

Election. The certificate of the ofiBcers of the subdistrict meeting is the legal 
evidence of election as subdirector, and as a general rule a board of directors is 
justified in declining to recognize a person as a member of the board until he 
produces such certificate. 

Evidence. Where the law requires the evidence of a transaction to be in writ- 
ing, oral evidence can be substituted only if the writing cannot be produced. 

Quo Warranto. The remedy of a person denied possession of an office to 
which he has been chosen is an action in court. 

At the regular meeting of the board in March, 1868, E. J. Miner appeared 
and filed his oath of ofiice as subdirector of subdistrict number three, and 
claimed recognition as a member of the board. The said Miner failed to pre- 



10 SCHOOL LAW DECISIONS 

sent the certificate of the oflBcers of the subdistrict meeting, or any other evi- 
dence Of his election except his own verbal statement. It was alleged in the 
board that he was not legally elected. Under these circumstances the board 
refused him a seat and recognized his predecessor as holding over. From this 
order the said Miner appealed to the county superintendent, who, after a full 
hearing of the manner in which the election was conducted, reversed the order 
of the board and directed that the said Miner should be recognized as sub- 
director of subdistrict number three and as a member of the board of directors. 
From this decision an appeal is taken by A. J. Sweet, president of the board. 
The above are but a small portion of the facts presented in the well arranged 
transcript of the county superintendent, but yet all that are material to the 
issues involved. 

The case presented by these facts is similar to that of Ockerman v. District 
Township of Hamilton, page 77, School Law Decisions of 1868, and must be 
governed by the same principles. It was there held that the only proper way 
of determining a contested election or the right of exercising any public office 
or franchise is by an action in the nature of quo warranto brought in the 
district court. It seems unnecessary to repeat the arguments there used. 
Reference is made to that' case, as well as to the 19 Iowa, 199; 18 Iowa, 59; 16 
Iowa, 369; 17 Iowa, 365; and the other cases there cited. The principle 
involved in the preceding references was recognized by the county superintend- 
ent, when he said in his decision that "the board of directors has no jurisdic- 
tion to inquire into the legality of the election of its members." When this just 
conclusion was reached the case should have been dismissed, for the county 
superintendent can do on appeal only what the board itself might legally have 
done. 

The county superintendent held that as the president of the subdistrict 
meeting refused to sign a certificate of election for the said Miner, the 
board might receive other evidence of his election. In this the county super- 
intendent departed from well established legal principles. The school law 
provides that at the meeting of the electors of the subdistrict on the first 
Monday in March "a chairman and secretary shall be appointed, who shall 
act as judges of the election and give a certificate of election to the sub- 
director elect." It is a well-settled rule that where the law requires the evi- 
dence of a transaction to be in writing, oral evidence can not be substituted 
when the writing can be produced; this rule applies alike to transactions of 
public bodies, officers and individuals. 

There can be no doubt that the law contemplates that the certificate of the 
officers of the subdistrict meeting shall be the legal passport to a seat in the 
board, and that, as a general rule, a board of directors is justified in declining 
to recognize a person as a member of the board until such certificate is pro- 
duced. If the certirficate has been given and lost, the accident may be remedied 
by other testimony. If illegally withheld, the officer may be coerced by man- 
damus to furnish it. If it has been fraudulently given, the law still provides 
a remedy. 

By the light of the previous principles it is evident that when, under the 
circumstances, the county superintendent proceeded to investigate the rights 
of the plaintiff as a school director, he exceeded his jurisdiction, and that his 
decision must therefore be overruled. The law requires that the plaintiff, 



SCHOOL LAW DECISIONS 11 

Miner, shall seek his remedy in the courts. The decision of the county super- 
intendent is therefor reversed and the case dismissed. Reveksed. 

D. FRANKLIN WELLS, 
July 29, 1S68. Superintendent of Public Instruction. 



N. R. Hook v. Independent District of Fremont. 
Appeal from Mahaska County. 

School Privileges. Are not acquired by temporary removal into a district for 
the purpose of attending school. 

At a meeting of the board an order was made excluding one George Check 
from school. From this order Dr. N. R. Hook, with whom the boy was at the 
time living, appealed to the county superintendent, who affirmed the order of 
the board, and Hook again appealed. 

The ground upon which the boy was debarred from school was that he was 
not a hona fide resident of the district, and this is fully sustained by the cir- 
cumstances of the case as shown by the weight of the evidence as adduced 
before the county superintendent. The apparent primary purpose of George 
Check in going to live with Dr. Hook was that he might attend the school at 
Fremont, and after the term of school should expire his further continuance 
at Hook's would be uncertain. He did not go there with the intention of re- 
maining, but the intention to return to his father's house seems to have been 
manifested in the contract or agreement made with Hook. 

Counsel for appellant argues that the law should not be technically con- 
strued, but that it should receive a liberal construction, and in this he is correct. 
It should receive such a construction as that all the youth of the state, without 
regard to race or condition in life, can with equal facility participate in the 
benefits of our free schools. There is evidence that the schools in Fremont 
are so crowded that many of the youth of the district are unable to gain admis- 
sion, and the law gives to them the prior claim. The board should see that the 
children of the district are first accommodated, and then, if not detrimental to 
the interests of the school, it may admit, in its discretion, those from outside 
districts upon such terms as it may agree. 

Believing that the county superintendent properly sustained the board of 
directors, his decision is hereby Affirmed. 

A. S. KISSELL, 

May 1, 1870. Superintendent of Puilic Instruction. 



Z. W. Remington v. District Township of Boomer. 

Appeal from Pottawattamie County. 

Jurisdiction. The county superintendent does not have jurisdiction of cases 
involving a money demand. 

PicHooL Orders, When improperly issued, a proper remedy is injunction. 



12 SCHOOL LAW DECISIONS 

On the 12th day of October the board met in special session and made a 
settlement with one L. S. Axtell, who was the contractor for the erection of 
certain schoolhouses in said district township. From the action of the board 
Z. W. Remington appealed to the county superintendent, who dismissed the 
appeal upon the ground that the settlement with Axtell was for a money de- 
mand, and therefore involved a question over which he could exercise no juris- 
diction. Remington again appeals. 

If there was anything wrong in the action of the board issuing orders in 
favor of Axtell for the payment of his claim for building the schoolhouses that 
would render them invalid, his remedy, if any, would have been by injunction 
to restrain the payment of such orders, or by some other proper action in the 
civil courts, and not by appeal to the county superintendent, as the latter 
tribunal is not clothed by the statute with the authority to inquire into or de- 
termine the validity of school orders. The county superintendent, therefore, 
very properly decided to dismiss the appeal, and his order in the case is hereby 

Affirmed. 

A. S. KISSELL, 

May 17, 1870. * Superintendent of Public Instruction. 



W. D. Peck et al. v. District Township of Polk. 

Appeal from Jefferson County. 

SuBDiSTRicTS. Should be, if possible, compact and regular in form. In well 
populated district townships two miles square is considered a desirable area. 

ScHOOLHousE SiTES. It is important that a schoolhouse site be located on a 
public read, and as near the center of a subdistrict as practicable. 

It appears from a transcript in this case that the board, on the presentation 
of a petition from the majority of the inhabitants of subdistrict number eight, 
Issued an order attaching a strip on the northeast from subdistrict number seven 
to number eight, relocating the schoolhouse site, and arranging for the removal 
of the schoolhouse from the present site to said new location. From this action 
of the board an appeal was taken to the county superintendent, who sustained 
the action of the board, and from his decision an appeal is taken to this 
tribunal. 

The trial before the county superintendent developed that the board .has in 
contemplation the redistricting of the entire township into subdistricts two 
miles square, and that the order providing for the change of boundaries in 
subdistrict number eight is the initiatory step in that direction. The sub- 
district in question, previous to the order, had very irregular boundaries; and 
except that the district is too large for convenience without further change 
in the boundaries there would seem to be every reason for attaching the strip 
from number seven. That being attached, the change of location and the 
removal of the schoolhouse to a site occupying the geographical center of the 
subdistrict with its changed boundaries must follow of course. Besides this, 
there seems to be the additional good reason for the change of location for the 
schoouhouse site: the present site is not on a public road; the one in pros- 
pect is. and as all the territory is in a condition to be easily and rapidly set- 



SCHOOL LAW DECISIONS 13 

tied, the new site will, with the additional change in contemplation, be the 
exact geographical center of the subdistrict. 

The action of the board in this case is manifestly of a discretionary char- 
acter, and I can see nothing in the testimony that would induce the belief 
that it has in any way exceeded its prerogative or abused its discretion. The 
decision of the county superintendent is therefore Affirmed. 

A. S. KISSELL, 

February 4, 1871. Superintendent of Public Instruction. 



W. P. Davis v. District Township of Madison. 

Appeal from Fremont County. 

Contracts. Made by a committee, require the approval of the board in ses- 
sion. 

School Funds. The treasurer is the proper custodian of all funds, and may 
legally pay them out only upon orders specifying the fund upon which they 
are drawn and the specific use to which they are applied. 

SuBDiRECTOR. The subdirector may expend money in his subdistrict only in 
the manner authorized by the board. 

Claims. Just claims against the district can be enforced only in the courts. 

Mandamus. Is a remedy if the board refuses to carry out a vote of the electors. 
Subdistrict. A subdistrict is not a corporate body, and has no control of any 
public fund. 

The electors on the eleventh day of March, 1871, voted a tax of two and 
one-half mills on the taxable property of the district township for schoolhouse 
purposes, and directed that three hundred dollars of the amount thus 
raised should be used for the erection of a schoolhouse in subdistrict number 
nine. 

March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was 
appointed a committee to build a schoolhouse in said subdistrict. The house 
having been completed, at a special meeting of the board held June 1, 1872, it 
was moved that the report of the committee be received and the schoolhouse 
be accepted; also, that the secretary be instructed to draw an order on the 
treasurer for three hundred dollars for subdistrict number nine. Both mo- 
tions were lost, from which action the said W. P. Davis appealed to the county 
superintendent, who on the ninth day of August, 1872, reversed the action of 
the board. The district township, through its president, W. H. Gandy, appeals. 

The history of this case very fully illustrates the loose and irregular man- 
ner in which school officers too frequently transact official business. Section 
15 of the School Laws provides that the board "shall make all contracts, pur- 
chases, payments, and sales necessary to carry out any vote of the district, 
but before erecting any schoolhouse they shall consult with the county super- 
intendent as to the most approved plan of such building." 

If the contract is made by a subdirector or committee of the board, it 
should in all cases be approved by the board before work is commenced. 

A njiisapprehension often exists as to the manner in which school funds 
should jbe fjjsbursed. The treasurer is the proper custodian of all funds be- 



14 SCHOOL LAW DECISIONS 

longing to the district townsh,ip and the law provides that he "shall pay no 
order which does not specify the fund on which it is drawn, and the specific 
use to which it is applied," that is, for work done, material furnished, or 
the like. 

The board is also required to "audit and allow all just claims against the 
district, and no order shall be drawn on the district treasury until the claim 
for which it is drawn has been so audited and allowed." This rule applies 
equally where funds are voted by the district township for the purpose of build- 
ing scnoolhouses in particular subdistricts, also where taxes have been raised on 
the property of subdistricts, in accordance with the proviso of section 28. 
Such funds, or so much of them as may be required to carry out the vote of 
the electors, should be devoted to the specific object for which they were 
voted, but the disbursement should, in all cases, be under the direction and 
authority of the board. Boards have no authority to give subdirectors money 
to use in their subdistricts for building schoolhouses or any other purpose, 
nor subdirectors to use money so received. A subdistrict is not a corporate 
body and has no control of any public fund. 

If Mr. Davis has a just claim against the district township of Madison 
which the board refuses to allow, or if the board refuses to apply the amount 
voted by the electors to the specific object for which it was designed, the 
erection of a schoolhouse in subdistrict number nine, the civil courts, only, 
can frunish a means of redress. Reversed. 

ALONZO ABBRNETHY, 

October 30, 1872. Superintendent of Public Instruction. 



W. J. Moody v. H. H. Bureington, County Superintendent. 

Appeal from Bremer County. 

Certificate. The county superintendent may refuse to entertain a petition 
for the revocation- of a teacher's certificate. 

Appeal. An appeal may be taken from the refusal of the county superin- 
tendent to investigate charges brought against a teacher. 

Discretionary Acts. The decision of the authority having original jurisdiction 
is entitled to much consideration. 

A petition containing charges against a teacher was presented to H. H. Bur- 
rington, county superintendent, asking an investigation of the charges, and the 
revocation of her certificate. The county superintendent refused to make the 
investigation as requested by the petitioners, and W. J. Moody appeals. 

The 'question whether an appeal will lie from the refusal of the county su- 
perintendent to investigate charges brought against a teacher, has not been to 
our knowledge before determined. Since it is held that an appeal may be taken 
from an action of the board refusing to perform a discretionary action, we see 
no reason why appeal will not lie from a similar action of the county super- 
intendent. 

In the case before us, statements testifying to the moral character and 
good reputation of the teacher are made by reliable and disinterested parties, 
who have been intimately acquainted with her for several years past; and it is 



SCHOOL LAW DECISIONS 15 

believed that, in no instance, is the judgment and discretion of a local tribunal 
entitled to more consideration than in this case. Affirmed. 

July 10, 1873. ALONZO ABBRNBTHY, 

Superintendent of Public Instruction. 



J. W. Randall v. District Township of Vienna. 

Appeal from Marsliall County. 

ScHOOLHousE. The board may legally remove a schoolhouse from one subdis- 
trict to another only by vote of the electors. 

Schoolhouse. When the electors have voted to remove a schoolhouse from one 
subdistrict to another the board must execute such vote, and from its action 
in so doing no appeal can be taken. 

Injunction. The execution of a fraudulent vote of the electors may be pre- 
vented by a writ from a court of law. 

At the district township meeting held the second Monday in March, 1873, 
It was voted to remove the schoolhouse situated in subdistrict number four 
into subdistrict number three. On the seventeenth day of March, the board 
ordered the removal of the schoolhouse, in accordance with said vote of the 
electors. From this action, appeal was taken to the county superintendent, 
who reversed the action of the board. The district township, through its 
president, appeals. 

Section seven. School Laws of 1872, provides that the electors shall have 
the power "to direct the sale, or other disposition to be made of any school- 
house;" also "to vote such tax, not exceeding ten mills on the dollar in any 
one year, on the taxable property of the district township, as the meeting 
shall deem sufficient for the purchase of grounds and the construction of 
necessary schoolhouses for the use of the respective subdistricts." Section 
fifteen provides that the board "shall make all contracts, purchases, pay- 
ments and sales necessary to carry out any vote of the district." Section 
sixteen provides that the board "shall fix the site for each schoolhouse." 

Prom the law as above quoted, we understand that the electors may 
vote a tax for the erection of a schoolhouse in any particular subdistrict, 
or may direct the removal of one already built, from a subdistrict, and that 
the board determines the site within a subdistrict, but has no authority to 
remove a schoolhouse from a subdistrict without affirmative action of the 
electors, such action, however, being taken, the board must execute their 
vote, if in accordance with law. From the action of the board in thus 
executing the vote of the electors no appeal can be taken. If the vote of 
the electors is contrary to law, its execution may be prevented by injunc- 
tion; if unwise, the electors, themselves, must bear the consequences. 

Reversed. 
ALONZO ABBRNBTHY, 

July 11, 1873. Superintsndent of PuPUc Instruction. 



16 SCHOOL LAW DECISIONS 

D. K. Taylor v. Independent District of Eldon. 
Appeal from Wapello County. 

Appeal. Appeal may not be taken from an action or order complying with the 
terms of a contract previously made, nor from an action authorizing the issu- 
ance of an order in payment of a debt contracted by previous action of the 
board. 

Appeal. A case whose main purpose is to determine the validity of an order 
on the district treasury, or the equity of a claim, cannot be entertained on ap- 
peal to the county superintendent. 

School Funds. The courts of law alone can furnish an adequate remedy, if 
the law has been violated and the money of the district has been misappro- 
priated. 

From the transcript, it appears that on the third day of December, 1873, 
the board passed an order authorizing the payment of five per cent com- 
mission for negotiating the district bonds, and on the same day another 
authorizing D. P. Stubbs to negotiate said bonds. On the third day of 
February, 1874, the board passed an order instructing the president and 
secretary to draw an order for ninety dollars on the district treasury in 
favor of said D. P. Stubbs, for services rendered in negotiating said bonds, in 
accordance with the previous action of the board on December 3, 1873. 
From the action of the board in issuing said order of ninety dollars, this 
appeal was taken. The county superintendent dismissed the case, on the 
ground that it was an action authorizing the payment of money, and a 
decision thereon would be equivalent to rendering a judgment for money, 
which is prohibited by the provisions of section 1836. D. K. Taylor again 
appeals. 

Appeal may be taken from any action of the board which authorizes 
the making of a contract, but not from a subsequent action or order com- 
plying with the terms of a contract previously made, nor from an action 
authorizing the issuance of an order in payment of a debt contracted by a 
previous action. 

The order appealed from in this case is not a new action of the board, 
T)ut a necessary result of the order of December 3, 1873. If the first action 
was legal and proper, the last is both proper and necessary, the services 
having been performed. Any interested party might have appealed at the 
proper time, from the action of December 3, 1873, authorizing the pay- 
ment of five per cent commission for negotiating bonds or authorizing the 
appointment of an agent therefor. But the time for an appeal, thirty days, 
having expired, appeal can not now be taken from the subsequent action, 
which is simply carrying out its previous action, and the terms of the 
contract made thereunder. 

To determine the validity of an order on the district treasury, or the 
equity of a claim, is equivalent to the rendition of a judgment for money, 
and a case whose sole purpose is to determine this question can not be 
entertained on appeal. The courts of law alone can furnish an adequate 
remedy, if the law has been violated, or tb^ iRter§st§ of the district hav© 



SCHOOL LAW DECISIONS • 17 

suffered by the making of contracts or the issuing of orders for money on 
the treasury. Affibmed. 

ALONZO ABERNETHY, 

May 5, 1874. Superintendent of Puhlic Instruction. 



E. Watson v. District Township of Exira. 

Appeal from Audubon County. 

Punishment. The punishment of a pupil with undue severity, or with an im- 
proper instrument, is unwarrantable, and may serve in some degree to indi- 
cate the animus of the teacher. 

Punishment. In applying correction, the teacher must exercise sound discre- 
tion and judgment and should choose a kind of punishment adapted not only 
to the offense, but to the offender. 

Charges were preferred against E. E. Watson for harsh and unreason- 
able punishment of a pupil, and upon investigation the teacher was dis- 
charged. Prom this action of the board he appealed to the county superin- 
tendent, who reversed its action, and the district appeals. 

From the evidence, it appears that the pupil upon whom the punish- 
ment was inflicted was a boy thirteen years of age, and that the offense 
was such that punishment was deserved. The instrument selected was a 
hickory stick, three-fourths of an inch in diameter at one end, and one-half inch 
at the other, and fifteen or eighteen inches long. The punishment was in- 
flicted by striking upon the palm of the hand from eight to twelve strokes. 
It appears that the boy's hand was thereby disabled for some days. 

It is alleged by the teacher that the punishment was inflicted for the good 
of the school, and that it was without malice on his part. We consider 
the selection of such an instrument for the punishment of a pupil inju- 
dicious, unwarrantable, and dangerous, and that the consequences might 
be fraught with the gravest results, and that such selection may serve in 
some degree, to indicate the animus of the teacher. Reveesed. 

ALONZO ABERNETHY, 

June 6, 1874. Superintendent of Public Instruction. 



Sanford Hakwood v. Independent District of Charles City. 

Appeal from Floyd County. 

Punishment. The right of the parent to restrain and coerce obedience in 
■children applies equally to the teacher or to any one who acts in loco parentis. 

Rules and Regulations. Boards of directors and their agents, the teachers, 
may establish reasonable rules for the government of their schools. 

Rules and Regulations; The teacher has the right to require a pupil to an- 
swer questions which tend to elicit facts concerning his conduct in school. 

Rules and Regulations. The pupil is answerable for acts which tend to pro-, 
duce merrinagnt in the scljool or to degrade the teacher. 
2 



18 • SCHOOL LAW DECISIONS 

Rules and Regulations. Open violation of the rules can not be shielded from 
investigation under the plea that it invades the rights of conscience. 

Board of Directoes. The board shall be sustained in all legitimate and reason- 
able measures to maintain order and discipline, to uphold the rightful author- 
ity of tae teacher, and to prevent or suppress insubordination in the school. 

This case involves the right of a teacher to require a pupil to answer 
questions concerning his conduct in school, or to testify against him- 
self. 

Burritt Harwood, a member of the high school department, having broken 
certain rules of the school, was suspended by the superintendent for refus- 
ing to answer a question relating thereto. The pupil's father petitioned 
the board to restore the pupil. The board, having investigated the facts, 
adopted the following: "Resolved, That the school board sustain Prof. 
Shepard in his suspension of Burritt Harwood; provided, Burritt Harwood 
be reinstated if he answer the question, for the refusal to answer which he 
was suspended, subject to such further action as may be taken by the 
principal or school board for making and circulating the caricature." The 
president and four other members voted for, and one against the resolution. 
From this action of the board, S. Harwood appealed to the county superin- 
tendent, who reversed its action. The board appeals. 

The power of the parent to restrain and coerce obedience in children 
can not be doubted, and it has seldom or never been denied. This principle 
applies equally to the teacher or to any one who acts In loco parentis. 
Boards of directors, and their agents, the teachers, may establish all rea- 
sonable and proper rules for the government of schools, and to control the 
conduct of pupils attending the same. "Any rule of the school not sub- 
versive of the rights of the children or parents or in conflict with humanity 
and the precepts of divine law, which tends to advance the object of the 
law in establishing public schools, must be considered reasonable and 
proper." Burdick v. BahcocJc, 31 Iowa, 562. 

The superintendent had occasion to leave the high school in charge of his 
assistant while he should attend to official duties elsewhere. On his re- 
turn, about 4 p. m., the assistant reported that there had been much dis- 
order on the part of some of the pupils, and that she required several of 
the pupils to remain and report their misdemeanors to the superintendent. 
Burritt Harwood, being called upon, said in substance: "I have two mis- 
demeanors to report: I threw snow in the lower hall during recess, and I 
passed a piece of paper across the aisle to my brother's desk." Both are 
recognized as violations of the rules of the school. The nature and magni- 
tude of the first are readily discernible, and need no further investigation; 
not so of the second; much depends upon the character of the "piece of 
paper," whether simply blank paper or containing writing or other marks. • 
Being asked to state the nature of the paper, he at first answered evasively. 
Being further questioned, replied that it was "pictoral," that it was a 
"burlesque or caricature," that "it represented the schoolhouse and some 
person or persons," that "the person or persons represented were connected 
with the school." The question, "whom he had intended to burlesque," 
after some hesitation he declined to answer. . For this act of disobedience 
he was suspended, 



SCHOOL LAW DECISIONS 19 

The question which he refused to answer appears to differ in no essential 
feature from those previously answered. By it the teacher simply sought to 
discover an additional fact in connection with the case. If he had a right 
to ask the former, he had the latter. If there is any reason why the pupil 
had the right or should claim the privilege of declining to answer the last, 
he should have stated it. Certainly no good reason appears from the nature 
of the offense, and the degree of punishment which it raerited depended 
upon the information which the teacher sought to obtain by this and the 
previous question. If the paper contained simply the solution of a problem 
or something connected with his lesson, it merited one degree of punish- 
ment; if its purpose was to create merriment among the pupils, thus divert- 
ing their attention from their studies, it required another degree; if by it 
the pupil sought to bring ridicule upon a teacher, to the prejudice of good 
order and government of a school, still another; each would be a vio]ation 
of the rules, but not each equally punishable. The claim of appellee that 
it was an attempt to pry into the secrets of the heart, and was a violation 
of the right of conscience, is scarcely sustained by the facts. The question, 
"whom did you intend to represent?" is essentially equivalent to "whom 
did you represent." Its purpose evidently was not to find out the thought or 
Intent, but the act of the pupil. The question was simply what was the 
character of the picture drawn and circulated to the disturbance of the 
school. It does not appear how the rights of conscience would be violated 
In answering the question. It may be true that the picture itself, if pro- 
duced, would furnish the best evidence, but the teacher clearly had the 
right, in its absence, and knowing nothing of its nature beyond what the 
pupil had already revealed, to seek this information directly and immedi- 
ately by proper questions. Nor can the pupil shield himself under the pro- 
visions of the law that a prisoner at the bar can not be compelled to answer 
questions which will tend to render him criminally liable or expose him to 
public ignominy. He is, in no proper sense, accused of crime before a 
court of law, authorized to sit in judgment under a criminal code. 

The picture, which was afterward produced, reveals anything but a right 
spirit in the pupil. Probably no one who has seen it doubts that it is a 
coarse caricature of the superintendent and his assistant. His refusal 
to answer was evidently not that he could hot conscientiously do so, nor 
that it would tend to criminate himself, but was a deliberate act of in- 
subordination. All the attendant circumstances, the evasive and studied 
replies to the superintendent's questions, the caricature itself, and its circu- 
lation through the school during the absence of the superintendent, to- 
gether with a previous malicious caricature of the same nature, all reveal 
a disregard for the regulations of the school, the respectful conduct due 
from a pupil, and an animus toward the teacher anything but proper. 

In our opinion, unnecessary stress was laid, in the trial before the super- 
intendent, upon the technical ground of suspension by the superintendent. 
The board having had the whole subject under investigation, including 
statements of the offenses from both the superintendent and the pupil, 
sustained the superintendent, or in other words, suspended the pupil con- 
ditionally from the school, as it probably had a right to do for any one of 
the offenses named. This being a discretionary act, due weight must be 
given to such action by an appellate tribunal, especially should the board 
be sustained in all legitimate and 'easonable measures to maintain order 



20 SCHOOL LAW DECISIONS 

and discipline, to uphold the rightful authority of the teacher, and to pre- 
vent or suppress insubordination in the school. Reversed. 

ALONZO ABERNETHY, 
June 8, 1874. Superintendent of Public Instruction. 



J. W. HuBBAKD V. District Township of Lime Creek. 

Appeal from Cerro Gordo County. 

Appeal. The execution by the board of the vote of the electors upon matters 
within their control is mandatory; from such action of the board no appeal can 
be taken. If such action is tainted with fraud, an application to a court of 
law is the proper remedy. 

BoiAED OF Directors.. The board, though not bound by a vote of the electors 
directing the precise location of a schoolhouse site, is required to so locate it 
as to accommodate the people for whom it is designed. 

Board of Directors. If in the selection of a site the board violates law or 
abuses its discretionary power, its action may be reversed on appeal. 

Certiorari. A fraudulent or illegal action may be corrected by application to 
a court for a writ of certiorari. 

The electors of the district township voted a tax to build a school- 
house on what is known as the Simons road, near where it crosses the 
Central railroad. On a separate motion, the board was instructed to sell 
the schoolhouse known as number three. In accordance with the first 
mentioned action, the board located a schoolhouse site on said road, fifty 
feet from said crossing. From this action appeal was taken, the appellant 
claiming it to be a relocation of the site known as number three, and that 
such action was with the express intention of selling the schoolhouse 
and abandoning the site thereof. The county superintendent reversed the 
action of the board and the district township appeals. 

The district township coincides with a congressional township in bound- 
aries and extent, and is comprised in one subdistrict. It is claimed that 
the action of the district township meeting did not represent the wishes of 
the people; that there are ninety-five voters in the district, and but twenty- 
seven were present at such meeting; also that in the location of the site the 
board did not consult the convenience of the people. 

Section 1717 provides that the electors, when legally assembled at the 
district township meeting, shall have power "to direct the sale or other 
disposition to be made of any schoolhouse, or site tfiereof, and of such other 
property, personal and real, as may belong to the district." Section 172 3 
provides that the board "shall make all contracts, purchases, payments, and 
sales necessary to carry out any vote of the district." Section 1724 provides 
that the board "shall fix the site for each schoolhouse, taking into consider- 
ation the geographical position and convenience of the people of each por- 
tion of the subdistrict." 

The execution of the vote of the electors by the board is mandatory; 
from its action in SQ doing, no appeal can be taken. In case such action 



SCHOOL LAW DEClSlONg 21 

is in any manner tainted with fraud, an application to a court of law is the 
proper remedy. 

The power to locate schoolhouse sites is vested originally in the board. 
Although the board has authority to locate schoolhouse sites, yet money 
legally voted by the electors for a specific purpose, must be expended in 
accordance with such vote; if voted to erect a schoolhouse in a certain subdis- 
trict, it can not legally be used to build a schoolhouse in another. While 
any directions of the voters attempting to locate precisely a schoolhouse 
site, are void, yet the board is bound so to locate it as to accommodate the 
people for whom designed; in the absence of such instructions, the board 
may exercise more widely its discretion in fixing schoolhouse sites. If in 
the performance of this duty it violates law, acts with manifest injustice, 
or in any manner shows an abuse of discretionary power, its action may 
properly be reversed by the county superintendent. In this case we do not 
discover that the board has in any manner failed in the proper performance 
of its duty. Reversed. 

ALONZO ABERNETHY, 

July 7, 1875. Superintendent of Public Instruction. 



E. GosTiNG V. District Township of Lincoln. 

Appeal from Plymouth County. 

Schoolhouse Site. The action of a committee appointed by the board to locate 
a site is of no force until officially adopted by the board while in session. 

Schoolhouse Site. Subdistrict boundaries can not be changed in appeal re- 
lating solely to locating a site, nor can a site be located with the expectation 
that boundaries will be changed, unless such intention of the board is shown. 

Jurisdiction. The county superintendent has jurisdiction only of the matter 
to which the appeal relates. 

Appeal. The right of appeal is confined to persons injuriously affected by the 
decision or order complained of. Ordinarily a person living in one subdistrict 
can not appeal from an action of the board locating a site in another. 

A committee appointed to locate a schoolhouse site for the accommoda- 
tion of the residents of subdistricts number seven and nine, reported that 
it had selected the northwest corner of section ten, and afterward that it 
had chosen instead, a site about eighty rods east of the northwest corner 
of section eleven. There is no record showing that any action was taken 
in relation to these reports. 

Subdistrict number nine consists of the east one-half of congressional 
township number 90, range 45. The appellant resides in subdistrict number 
seven, which comprises the west one-half of the same congressional town- 
ship. The decision of the county, superintendent is as follows: "After 
considering the evidence and the plat introduced, I sustain the committee in its 
first location at the northwest corner of section ten of said township." D. 
M. Relyea appeals. 

• The power to locate schoolhouse sites is vested in the board of directors. 
The action of a committee appointed by the board to locate a schoolhouse 



22 SCHOOL LAW DECISIONS 

site is of no force until its report is officially adopted by the board while in 
session. 

Section 172 5 provides that the hoard "shall determine where pupils may 
attend school; and for this purpose may divide their district into such 
suhdistricts as may by them be deemed necessary." The object of dividing 
a district township into suhdistricts is to determine where pupils shall 
attend school. While it is frequently the case that pupils may more con- 
veniently attend school in an adjoining subdistrict, it would obviously be 
improper to locate a schoolhouse site expressly for the accommodation of 
such pupils, unless with the intention of subsequently making a redivision 
of the district township. The county superintendent has jurisdiction only 
of the matter to which the appeal relates. He can not properly, upon an 
appeal relating to the location of a schoolhouse site, change subdistrict 
boundaries, nor can he locate a schoolhouse site with the expectation that 
such boundaries will ultimately be changed, unless such is shown to be the 
intention of the board. 

The right to appeal from actions of the board is confined to persons in- 
juriously affected by the decision or order of which complaint is made. Or- 
dinarily, a person living in one subdistrict can not properly appeal from an 
action of the board locating a schoolhouse site in another. 

The decision of the county superintendent is set aside, and the location of 
the schoolhouse site is left to the discretion of the board. Reversed. 

ALONZO ABERNETHY, 

September 7, 1875. Superintendent of Public Instruction. 



J. E. Brown v. District Township of Van Meter. 

Appeal from Dallas County. 

Appeal. The adoption of the committee's report in favor of retaining the old 
schoolhouse site is an action from which appeal may be taken. 

Board of Directors. The action of the board can not be reversed upon the al- 
legations of appellant without proof, or by reason of failure to make defense. 

Board of Directors. The acts of the board are presumed to be regular, legal 
and just and should be affirmed unless proof is brought to show the contrary. 

Subdistrict Boundaries. The acts of a board changing subdistrict boundaries 
and locating schoolhouses are so far discretionary that they should be affirmed 
on appeal, unless it is shown beyond a doubt that there has been an abuse of 
discretion. 

County Superintendent. The weight that properly attaches to the discretion- 
ary actions of a tribunal vested vs^ith original jurisdiction does not apply to 
the decisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in selecting 
the old site in subdistrict number two, upon which to erect a schoolhouse, 
and located the site about eighty rods westward of the old one. From this 
decision the district township appeals, claiming in substance that the county 
superintendent erred as follows: That there was no action of the board 
relative to the selection of a schoolhouse site in subdistrict number two 



SCHOOL LAW DECISIONS 23 

from which an appeal would lie; that the board failed, by reason of a mis- 
understanding, to appear and defend, and that it was unjustly refused a 
rehearing; that the old site was suitable, convenient and at the center of 
population, both present and prospective, and that the reversal of the action 
of the board was without sfficient cause, there being no evidence that it 
abused its discretionary power or acted with injustice. 

From the transcript, it appears that a committee was appointed to select 
a site for the erection of a schoolhouse in subdistrict number two; that it 
reported in favor of the old site, and that its report was adopted by the 
board. The law provides that an appeal may be taken by any party aggrieved, 
from any order or decision of the board. 

That there was an action of the board, and that the subject-matter to 
which such action relates is the location of a schoolhouse site in subdistrict 
number two, there can be no reasonable doubt, hence the action of the 
board was subject to appeal, and such appeal gave to the county superin- 
tendent jurisdiction in the matter of location of said schoolhouse site. 

It is the duty of the county superintendent to give due notice to all 
parties directly interested in an appeal from the board, and to afford full 
opportunity for the presentation of evidence, but the action of the board can 
not properly be reversed upon the allegations of the appellant without proof, 
or by reason of the failure of the board to be present and make defense. 
The acts of the board are presumed to be regular, legal and just, and should 
be affirmed by the county superintendent, unless proof is brought to show 
the contrary. In this case, however, the board appears to have had due 
notice and ample opportunity to defend the case. It is not claimed that 
any additienal evidence could be produced that would materially affect the 
Issue; but that the board, understanding through popular report that the 
case was withdrawn, failed to be present at the trial, and upon this ground 
asks for a rehearing, which was very properly refused. 

The site selected by the county superintendent is nearly central, being 
eighty rods west of that chosen by the board. Both appear to be suitable. 
The eastern part of the subdistrict is mostly prairie land, while the western 
portion is, to a considerable extent, timber land. 

The evidence as to which site will better serve the interests and con- 
venience of the residents of the subdistrict is conflicting. The board is 
entitled to the benefit of any doubt upon this point. Unless it is clearly 
proven that it has violated the law, abused its discretionary power, or has 
acted with manifest injustice, its action should be affirmed. 

It is urged by the appellee that the same weight attaches to actions of 
an inferior appellate tribunal, upon appeal, that is given to tribunals hav- 
ing original jurisdiction. It is held that the action of the board in matters 
of which it has original jurisdiction, is alone entitled to this consideration by 
any superior tribunal upon appeal. . Reversed. 

ALONZO ABERNETHY, 

September 17, 1875. Superintendent of Public Instruction. 



Mary M. Thompson v. District Township of Jasper. 

Appeal from Adams County. 

Teacher. When a teacher is dismissed in violation of his contract, an action 

in the courts of law will afford him a speedy and adequate remedy; when dis- 



24 SCHOOL LAW DECISIONS 

charged for incompetency, dereliction of duty, or other cause affecting his 
qualifications as a teacher, he has the right of appeal. 

Teacher. The teacher is entitled to the counsel and co-operation of the sub- 
director and board in all matters pertaining to the conduct and welfare of the 
school. 

The board discharged the teacher in one of the public schools of the 
district for dereliction of duty. She applied to the county superintendent, 
who reversed its decision; from this action, the board, through its president, 
appeals. 

At the hearing before the county superintendent, the board filed a mo- 
tion to dismiss the case for want of jurisdiction, insisting that the teacher 
having been dismissed in accordance with the provisions of section 1734, 
her proper remedy was an action at law for damages. 

"When a teacher is dismissed in violation of his contract, an action in the 
courts of law, on the contract, will afford him a speedy and adequate rem- 
edy. When discharged for incompetency, dereliction of duty, or other cause 
affecting his qualifications as a teacher, he has the right to appeal to the 
county superintendent, who is the proper officer to review questions of this 
character, and to determine whether the board has in the exercise of its 
authority violated the law or abused its discretionary power. Questions con- 
cerning the validity of contracts, the right to recover for services performed, 
and the interpretation of law, belong especially to judicial tribunals. Ques- 
tions concerning the character and qualifications of the teacher, and his 
management of the school, are by appeal within the jurisdiction of the 
county superintendent. The motion to dismiss was prop6rly overruled. 

The charges of dereliction were want of promptness in commencing school 
in the morning, and an occasional refusal to hear the recitation of one or 
more of her pupils. For this dereliction there appears to have been some 
extenuating circumstances. Under the contract, it was the subdirector's duty to 
have fires built. The boy employed to do this work often failed to have 
the schoolhouse in comfortable condit'ion at nine o'clock. The teacher usu- 
ally made up lost time by teaching after four o'clock, and there is no evi- 
dence that the subdirector or board ever advised her with regard to the 
performance of her duties. The board convened at the schoolhouse without 
previous notice to the teacher, and after taking the tesimony of pupils, 
unanimously voted to discharge her. Affirmed. 

ALONZO ABERNETHY, 

May 8, 1876. Superintendent of Public Instruction. 



S. W. Woods et al v. District Township of Brighton. 

Appeal from Cass County. 

Board of Directors. The acts of the board must be presumed to be regular, 
and should be affirmed unless positive proof is brought to show the contrary. 

Schoolhouse Site. The prospective wants of a subdistrict may properly have 
weight in determining the selection of a site, when such selection becomes 
necessary, but not in securing the removal of a schoolhouse now conveniently 
located. 



SCHOOL LAW DECISIONS 25 

SCHOOLHOUSE SiTE. To make a distinction between the children of freeholders 
and those of tenants in determining the proper location for a schoolhouse, is 
contrary to the spirit and intent of our laws. 

The board by a vote of five to two rejected a petition asking the removal 
of the schoolhouse in subdistrict number eight. On appeal, the county 
superintendent reversed the action of the board, and ordered the removal 
of the schoolhouse to the place named in the petition. Wm. F. Altig ap- 
peals. 

Subdistrict number eight contains sections 27, 28, 33, 34, and sixty acres 
lying in section 32, and has a good commodious schoolhouse, erected three 
years ago, one-half mile west of the center, on a public road passing east 
and west through the center of the subdistrict. There are about thirty chil- 
dren of school age in the subdistrict, twenty-two of whom reside in the 
western half, and nineteen west of the present site. All those residing east 
of the present site, except one child, are within one and a half miles of the 
schoolhouse, while by the proposed removal, a large number would be at a 
greater distance. 

The action of the board in refusing to remove a schoolhouse should not 
be interfered with on appeal, except upon evidence of violation of law, or 
abuse of discretionary power. In this case there is no evidence of such 
abuse. The prospective wants of a subdistrict may properly have weight 
in determining the selection of a site upon which to build a schoolhouse, 
when such a selection becomes necessary, but not in determining the re- 
moval of a house, located conveniently for the present wants of the sub- 
district. 

It appears that a considerable portion of the school population consists 
of the children of tenants, and much stress is laid upon the assumed dis- 
tinction that should be made between the children of tenants and those of 
freeholders, in determining the proper location of the schoolhouse. Dis- 
tinctions based upon the ownership of property or permanence of residence 
are not made in the law, would not w^ell comport with the fundamental prin- 
ciples upon which our public school system is based, and should not have 
weight in determining the location of schoolhouse sites. It is the duty 
of the board to provide equal school facilities for the youth of the district 
as far as practicable, regardless of considerations relating to permanence 
of residence. The schoolhouse may properly be removed whenever the con- 
ditions of the subdistrict require it, but unnecessary expense should not be 
incurred in such removal in anticipation of possible, or even probable, 
changes of this character. Reversed. 

ALONZO ABERNETHY, 

July 31, 1876. Superintendent of Ptiblic Instruction. 



J. N. Arthur et al. v. Independent District of Fairway. 

Appeal from Adams County. 

Schoolhouse Sites. The necessities of the present must be observed in lo- 
cating schoolhouse sites, in preference to the probabilities of the future. 



26 SCHOOL LAW DECISIONS 

Testimony. New testimony can be introduced only wtien the facts materially 
affecting the case could not have been known before the trial. 

Remanding of Cases. "When the evidence discloses that the action of the 
board was unwarranted, and the facts are not sufficiently shown to determine 
what should be done, the case should be remanded to the board. 

In this case the board made an order relocating the schoolhouse site; 
from this order J. N. Arthur and others, residents of the district, appealed 
to the county superintendent, and upon his affirming the action of the 
board, to the superintendent of public instruction. 

The district consists of sections one, two, eleven, twelve, thirteen and 
fourteen, and the old schoolhouse stands near the southwest corner of the 
southeast quarter of section one. The proposed new site is in the north- 
west corner of the southwest quarter of the northwest quarter of section 
twelve, on a public highway and one-quarter of a mile north of the geo- 
graphical center of said district. 

The grounds of objection by the appellants to the removal are substan- 
tially, that the new site is on low bottom lands and subject to overflow, 
not accessible at all times of the year, and that it is not as near the center 
of the school population as the old site. They also suggest that a location 
at the cross roads one-half mile east of the new site is better ground and 
more convenient to the people. In fixing the schoolhouse site, the geo- 
graphical position and the convenience of the people of each portion of the 
district should be considered. 

From the large amount of testimony, it is evident that the new site chosen 
is in a low place, and an affidavit sent to this office, and signed by a number 
of residents, proves beyond question that the site has been overflowed for 
several days of the last month. By a close comparison it is found that the 
number of residents who will have their distance to school increased by 
choosing the new site, is greater than those who will have their distance 
diminished. By locating the schoolhouse at the cross roads, one-half mile 
east of the proposed new site, which location is claimed to be higher, and 
therefore less liable to overflow, three-fourths of the residents will have 
their distance diminished by forty to one hundred and sixty rods. 

Although it may be true, as affirmed in the testimony, that the western 
part of the district is as capable of settlement as the eastern part, the 
necessities of the present must be observed in locating schoolhouse sites, 
in preference to the probabilities of the future. While it is the rule of 
this department to sustain discretionary acts of the board, it seems that in 
this case the true interest of all concerned, and justice to a large portion 
of the people, demands that the schoolhouse should not be moved to the new 
site chosen. 

To what extent the high waters of last month did affect the other loca- 
tions under consideration, is not known to this department; it is therefore 
best to let the matter come up anew before the county superintendent for a 
rehearing. The decision of the county superintendent is therefore reversed,. 
and the case remanded for a rehearing, with the direction from this depart- 
ment that the proposed new site is an unsuitable one for school purposes. 

Reversed. 
C. W. VON COELLN, 

October 31, 1876. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS 27 

J. J. Wilson et al. v. District Township of Monroe. 

Appeal from Mahaska County. 

County Superintendent. The county superintendent is not limited to a re- 
versal or affirmance of the action of the board, but he determines the same 
questions which it had determined. 

ScHOOLHOusE SiTE. The location of a schoolhouse can be dependent upon a 
change of boundaries only when it is shown in evidence that it is the definite 
and positive intention to make such a change. 

Highway. If possible, every schoolhouse site should be upon a public highway. 

County Superintendent. May make a conditional ruling, by which his own 
decision will be governed. 

On the fourteenth day of April, 1877, the board located the site for a 
schoolhouse. From its action, J. J. Wilson and others appealed to the coun- 
ty superintendent, alleging that the board had erred in making the location, 
in that, by reason of distance owing to the location of the roads, the location 
as made effectually deprived many of the subdistrict of the privilege of at- 
tendance at school. On trial, the county superintendent reversed the action 
of the board, and located a new site. From his decision the board appeals, 
claiming that the county superintendent erred in selecting a site entirely 
different from those with reference to which testimony was taken; that it 
is on the extreme east line of said subdistrict, and hence can not be called 
at all central; that the board took into account in making the location the 
possibility of a change in the northern boundary of the subdistrict, which 
would make the situation chosen a suitable one for the remaining sub- 
district; that a portion of his decision was conditional and void; and that 
the board did not abuse its discretion by making the location as it did. 

The assumption that the county superintendent did not have the right 
to locate a schoolhouse site differing in location from the one made by the 
board, or the one petitioned for by the appellants, is a mistake. See 
John Clark v. District Township of Wayne, School Law Decisions of 1876, 
page 47; also the opinion of the attorney-general in Iowa School Journal for 
April, 1866, in which the following ruling was made: "The county superin- 
tendent is not limited to a reversal or affirmance of the action of the board, 
but he determines the same questions which it had determined." 

The nature of the subdistrict is peculiar. It is long and narrow, and its 
western boundary, the North Skunk river, which also makes nearly all its 
southern boundary, is a disturbing element when we attempt to locate the 
site of a schoolhouse to accommodate all the people. While under ordinary 
circumstances a site near the boundary of a subdistrict would be unadvis- 
able, in this case it seems necessary, unless additional road facilities can be 
secured. The site selected by the county superintendent is clearly the one 
best calculated to accommodate the whole subdistrict as constituted at 
present. 

The location of a schoolhouse site can be dependent upon a change of 
boundaries only when it is shown in evidence that it is the intention of the 
board, or boards, to make such change. In this case, it is not claimed that 
any change is actually intended or expected. The limit, as made provision- 



2§ SCHOOL LAW DECiSiONg 

ally by the county superintendent, of thirty days for such changes of roads 
as would make a more central location feasible and desirable, was too short 
a time, under the provisions of law, to effect the result. For that reason 
we shall extend the time for the establishment of a road to ninety days 
from the date of his decision, or to such time as the board of directors may 
show to be necessary to establish the road, provided that immediate steps 
shall be taken to bring about the result, if desired. 

The discretion of the board was evidently abused in not providing equal 
school facilities for those lying in the northern poj-tion of the subdistrict, 
by the location of the schoolhouse site. 

In case the road contemplated is secured, the board may locate the site 
thereon, as near the center of the subdistrict as good and suitable ground 
can be found. If no steps are taken to secure such a road, or in case the 
road can not be procured, the location last chosen by the county superin- 
tendent is to be regarded as the site, and his decision is hereby Affirmed. 

C. W. VON COELLN, 

August 7, 1877. Superintendent of Public Instruction. 



Wm. Donald v. Distkict Township of South Foek. 

Appeal from, Wayne County. 

Salary of Teachers. The salary of teachers should be in proportion to their 
ability and responsibility, and not equal when these differ materially. 

Salary of Teachers. ■ The control of salaries is wholly within the power of 
the board and can not be determined by an appeal, because it is not within the 
jurisdiction of county or state superintendent to order the payment of money. 

Explanatory Notes. Notes to the school law, while proper aids to school of- 
ficers, have not the binding force of law, and a non-compliance with them is 
not necessarily a violation of law. 

Schools. The wealthier portions of the community should aid their neigh- 
bors in sustaining good schools. 

On the eighteenth day of March, 1878, the board made an order fixing 
the salaries of teachers for the summer schools at the uniform price of 
twenty dollars per month. From this action William Donald appealed to 
the county superintendent, who affirmed the action of the board. From 
his decision William Donald appeals. 

It is alleged by the appellant that the county superintendent erred in 
deciding that the board did not violate law in voting that the same amount 
of salary should be paid to the teacher in each subdistrict. It Is claimed 
that the board should have provided for a higher salary in some schools of 
the township. 

The difficulty with appellant's counsel is that he believes the note to be a 
part of the law. My predecessor gave his own views of the employment of 
teachers and I most fully agree with him in his view. The law leaves the 
whole matter to the board and presumes that it will deal equitably. Un- 
fortunately, selfishness is a nearly universal characteristic of human kind, 
and too often the majority, representing weak subdistricts, weak both in 



SCHOOL LAW DECISIONS 29 

numbers and in property, demands an equal distribution of the money on 
hand for teachers' pay. 

The law organizing the rural independent districts, passed in 1872, arose 
from the feeling that this selfishness was w:orking injustice to little towns 
and wealthy and populous subdistricts. The creation of these independent 
districts works an injustice to the weaker districts, for it is proper and desir- 
able that the wealthier districts should aid their weaker neighbors to sus- 
tain fair schools. 

With regard to this case, we do not see wherein the board violated law. 
The idea of prejudice is slightly apparent from the testimony, but not suffi- 
ciently to reverse the action of the board. That equity has not been ob- 
served seems very evident, for it must be presumed that a larger school 
population requires a better teacher, and if a better and more experienced 
teacher is needed, a better salary ought to be paid. There are other con- 
siderations. Usually the expense of living is greater in the town than in 
the country. It is also the probability that a larger tax is paid by the town 
than by the country. 

We are not able at this distance to determine whether twenty dollars is 
a sufficient compensation for the teacher of subdistrict number four of 
South Fork. But if twenty dollars is only sufficient compensation for the 
country subdistricts, it is our belief that a higher salary should be given 
the teacher in the town. 

It is out of our jurisdiction to give advice to the board what to do in 
this case, after determining that we have no power to reverse its action, 
but we suggest that equity would be served if it should pay the five dollars 
per month assumed by Mr. Anderson. After giving our views thus in full, 
we must agree with the county superintendent, and his decision is there- 
fore Affirmed. 

C. W. VON COELLN, 

June 29, 1878. Superintendent of Public Instruction. 



James Jacoby et al. v. Independent District of Nodaway. 

Ap2ieal from Adams County. 

Schoolhouse Site. A schoolhouse site fixed by county or state superintendent 
affirming the discretionary act of the board, allows the board to exercise its 
discretion again, especially if material changes have occurred. 

Discretionary Acts. Suggestions from the electors upon matters entirely 
within the control of the board will in no manner prevent the fullest exercise 
of the discretion vested in the beard by the law. 

Schoolhouse Site. The endeavor to show regard for the expressed wishes of 
the electors in the choice of a site will be an added reason in support of the 
action of the board. 

In the summer of 1877, the board located a schoolhouse site, selecting 
one not desired by a large majority of the electors, as expressed at an 
informal meeting called by the board. An appeal was taken to the county 
superintendent, who reversed the action of the board, and in turn to the 



30 SCHOOL LAW DECISIONS 

superintendent of public instruction, who reversed the decision of the county- 
superintendent, thereby sustaining the action of the board, on the ground 
that the abuse of the discretion given by the law to the board, as charged, 
was not proved. 

Since the decision above referred to was rendered, a dwelling has been 
erected within twenty rods of the site chosen. Also, a material addition has 
been made to the district on its east side of a strip of land three miles in 
length and one-half mile in width. 

At a meeting of the board held April 22, 1878, it relocated the school- 
house site, choosing the old site in place of the one selected by it last year. 
From its action, James Jacoby and others appealed to the county superin- 
tendent, who affirmed the order of the board. D. Shipley and Ed. Kennedy 
appeal. 

This case was before us last year and we affirmed the action of the board 
In selecting the new site, sustaining the discretionary act of the board. 
Hence, the principle that a site selected by the county or state superinten- 
dent can not be changed unless there have been material changes in the 
district, does not apply. There have been changes by the addition of new 
territory and a dwelling being erected within less than forty rods of the 
proposed site. The choice of the old site is in conformity with the wish 
of a majority of the electors, and does not prove any abuse of discretion, 
much less a violation of law. The action of the board is sustained, and the 
decision of the superintendent Affirmed. 

C. W. voN COELLN, 

August 26, 1878. Superintendent of Public Instruction. 



L. E. COBMACK V. DiSTBICT TOWNSHIP OF LINCOLN. ! 

Appeal from Adams County. 
JuBisDicTioN. An appeal will not lie to enforce a contract. 

Janitorial Sebvices. If a teacher serves as janitor in sweeping the room and 
building fires, he should be paid from the contingent fund for such services. 

Mr. Vandyke, a subdirector, contracted with Mrs. L. E. Cormack as 
teacher for the winter term of school. The terms of the contract included 
that the teacher was to receive twenty-five dollars per month for teaching 
and one dollar and twenty-five cents a month for building the fires and 
sweeping the schoolhouse. The board refused to audit the full account, 
which would give the teacher pay for janitor's work, claiming that the 
said subdirector exceeded his authority in so contracting. Mrs. Cormack 
appealed to the county superintendent, who reversed the action of the board. 
W. C. Potter, president of the board, appeals. 

This case has evidently for its object the securing of money on contract, 
and as section 1836 prevents county and state superintendents from ren- 
dering a judgment for money, it has been the common custom to refuse to 
entertain any appeal in which a contract is to be decided by such appeal; 
for this reason the county superintendent should have dismissed the case 
for want of jurisdiction. 



SCHOOL LAW DECISIONS 31 

It .may not be out of place here to state that unless a contract with the 
teacher provides that building fires and sweeping the house is included, the 
board can not require such service of the teacher. The payment for such 
services should come from the contingent fund and should be specifically 
mentioned. The teachers' fund is not to be used for paying for janitorial 
services. 

Without deciding any question at issue, we are of the opinion that the 
subdirector did not exceed his authority given him by section 1753 when 
he agreed to pay a reasonable sum for janitorial services besides the twenty- 
five dollars paid under instruction from the board for teachers' services. 
But since we do not consider the case within our jurisdiction, the decision 
of the county superintendent is reversed and the case Dismissed. 

• C. W. voN COELLN, 

March 1, 1879. Superintendent of Pu'blic Instruction. 



W. F. Rankin v. Distbict Township of Lodomillo. 

Appeal from Clayton County. 

Records. The record of the secretary shall be considered as evidence, and can 
not be invalidated by parol evidence unless there is proof of fraud or falsehood. 

Territory. Where territory is to be transferred by concurrent action of two 
boards to the district to which it geographically belongs, a majority of the 
members elect is not necessary, as required for the change of subdistrict 
boundaries. 

Apppeal. The action of two boards upon a subject over which they have 
divided control constitutes a concurrent action, and appeal may be taken only 
from the order of the board taking action last. 

This appeal relates to the transfer of territory in the civil township of 
Cass, which has belonged to the district township of Lodomillo since 1856, 
to the township to which it geographically belongs. 

The board of the district township of Cass appointed a committee to 
meet a committee chosen by the Lodomillo board, to agree upon terms of 
transfer. The district township of Lodomillo also appointed a committee. 
The joint committee agreed upon a report, which the board of Cass adopted 
September 16, 1878. On the twelfth day of October, 1878, the Lodomillo 
board, by a vote of four to six members present of a board of ten, also 
adopted the report and accepted the proposition agreed to by the board of 
Cass. 

From the action of the Lodomillo board W. F. Rankin appealed to the county 
superintendent, who dismissed the case for want of jurisdiction, and stated that 
the action of the board was plainly in violation of the law, since section 1738 
requires a majority of the board to change the boundaries of subdistricts. 
From this decision W. F. Rankin appeals. 

The secretary's transcript of the transactions of the meeting of the board 
of Lodomillo, held October 12, 1878, does not show any irregularity in the 

♦Note— We have since learnesJ that the teacher recovered in a suit in the courts 
at law. 



32 SCHOOL LAW DECISIONS 

transaction, does not show the number of members present nor the number 
of votes- cast by which the motion was carried. 

According to a well established principle of law, the records of any public 
or private corporation must be considered regular, and can not be set aside 
by parol evidence, except under an allegation of fraud. Based upon the evi- 
dence of the transcript, the whole transaction was carried on in conformity 
with law, and we can see no reason to interfere with the action of the board. 
If we admitted the testimony of M. E. Axtel, showing that only six members 
of a board of ten were present, and that four of these six voted for the trans- 
fer, we would still hold that said transfer was legally made. The action 
of the board was not a change of boundaries of subdistricts, but a transfer 
under section 1798. The territory transferred, being part of the districts 
organized before the law of 1858 took effect, could be transferred by con- 
current action of the boards to the district to which it geographically be- 
longs, and the limitation of section 173 8, requiring a majority of the board 
to change subdistrict boundaries, is not applicable to this case. 

The appeal is brought from the action of the board which concurred, and 
is therefore taken in a proper manner. For the reasons set forth, the action 
of the board is sustained and the decision of the superintendent is 

Reversed. 
C. W. VON COELLN, 

May 28, 1879. Superintendent of Public Instruction. 



L. B. CoLBURN et al. v. District Township of Silver Lake. 

Appeal from Palo Alto County. 

Evidence. To establish malice or prejudice on the part of the board, positive 
testimony must be introduced, and the evidence must be conclusive. 

County Superintendent. A county superintendent should not ask the state 
superintendent to decide a case on appeal for him, but may ask for an inter- 
pretation of law, either by the state superintendent, or through him, by the 
attorney -general. 

On the twenty-fifth day of August, 1879, the board fixed the location of 
a schoolhouse on the old site. From this order L. B. Colburn and others 
appealed to the county superintendent, who affirmed the action of the board, 
and from this decision the same parties appeal. 

Among the errors enumerated, the appellants urge that the county su- 
perintendent erred in holding that the board was not actuated by passion 
or prejudice. We fail to find any evidence establishing the existence of 
such malice or prejudice on the part of the board. Appellants also claim 
that the county superintendent erred in basing his decision on the verbal 
opinion of the state superintendent, given prior to the hearing of the 

case. 

This affords an opportunity of censuring a practice quite common 
among county superintendents to ask the superintendent of public instruc- 
tion for his opinion in an appeal which is pending. We have made it a 
universal practice to refuse answers upon the questions involved in the 
particular case, and have given only general principles which should 



SCHOOL LAW DECISIONS 33 

govern county superintendents in determining cases of appeal. These 
general principles are so well established that an intelligent county super- 
intendent ought to be familiar with them. 

We advised the county superintendent in this case not to measure the 
respective distances of the diflerent locations from the geographical center, 
before the trial of the appeal. 

It is proper for the county superintendent to ascertain the interpreta- 
tion of points of law, by securing an opinion from this department, or 
from the attorney-general through this department. 

Without fully determining the merits of the respective locations, we 
must hold that the board did not abuse its discretion sufficiently to war- 
rant interference. The appellants failing to prove malice or prejudice on 
the part of the board, its order should stand, and the decision of the 
county superintendent affirming its action is Affirmed. 

C. W. VON COELLN, 

March 30, 1880. Superintendent of Public Instruction. 



Wm. Babtxett V. District Township of Spencer. 
Appeal froiri Clay County. 
Appeal. ' May be taken by any resident aggrieved by an action of the board. 
BouNDAEiss. Must confcrm to congressional divisions of land. 
ScHooLHousE SiTE. Proper location of, depends upon form of subdistrict. 
Tereitort. All territory must be Included within some school district. 

On the twenty-second day of October, 1881, the board adopted the re- 
port of a committee locating a site for a schoolhouse in subdistrict number 
nine on the southeast corner of the southeast quarter of section twenty-one. 
From its order, William Bartlett appealed to the county superintendent, 
who reversed the action of the board and located the site on the north- 
west corner of the northeast quarter of the southeast quarter of section 
twenty-one. C. F. Archer appeals. 

The counsel for the appellants files a motion to dismiss the appeal on 
the ground that persons not parties to a hearing below are debarred from 
appealing to the superintendent of public instruction. ' It has been re- 
peatedly held that any person aggrieved may prosecute an appeal from 
the decision of the county superintendent, unless the right of appeal has 
been waived by previous agreement. 

The subdistrict in which the location was made was formed by action 
of the board at the regular meeting in last September. The boundaries 
fixed by the board at that time, as shown by the plats in evidence, are 
the Little Sioux River and Prairie creek on the north, east and south, and 
the half section line running north and south through sections eighteen, 
nineteen, thirty and thirty-one, as the western boundary. 

It is shown by the plat that the half mile strip on the western side of 
the subdistrict is supposed not to belong to subdistrict number nine, and 
it is stated by the county superintendent that this territory is supposed 
3 



34 SCHOOL LAW DECISIONS 

to be temporarily attached to the adjoining township for school purposes. 
We are compelled to notice this irregularity of boundaries, since the pro- 
per location of any schoolhouse obviously depends largely upon the form 
and extent of the territory for which the house is designed. Section 1796, 
providing for the creation of subdistricts, and for subsequent alterations in 
their boundaries, contains the following: "Provided that the boundaries 
of subdistricts shall conform to the lines of congressional divisions of 
land." When government lines follow large streams or other bodies of 
water, a division is sometimes formed containing less than forty acres; 
but unless such exception applies, the smallest congressional division is 
the one-sixteenth of a section, or forty acres in a square form. In fixing 
the boundaries of subdistricts no smaller subdivision can be made, and 
a forty-acre tract must be included in the subdistrict or excluded as a 
whole. 

The only provision of law by which the half mile strip could be at- 
tached to the adjoining district township is found in section 1797. The 
transfer can be made only when natural obstacles intervene. It is ap- 
parent from the plats in evidence that no large unbridged stream, or any 
other natural obstacle exists. Hence we must conclude that it is the duty 
of the board of directors of the district township of Spencer to provide 
that the strip in question shall be a part of some subdistrict. It seems 
probable that a portion of the territory referred to will naturally fall to 
subdistrict number nine. The county superintendent appears to have pre- 
sumed that the subdistrict would ultimately include all the territory to 
the township line. That the territory does belong to the district township 
of Spencer, unless it has been attached to the adjoining township, in ac- 
cordance with section 1797, there can be no question. Such being the 
facts in this case, and the evidence disclosing that the board did not ex- 
ercise that care in selecting a site which is desirable when so many inter- 
ests are involved, we are disposed to remand the case to the board, with 
the suggestion that it adjust the boundaries of the subdistrict, and deter- 
mine upon some other site than the one chosen by it, with the intention to 
furnish the best accommodation to all parties Reversed and Remanded. 

J. W. AKBRS, 

February 15, 1882. Superintendent of Public Instruction 



J. D. HiNDEKSHELDT V. DISTRICT TOWNSHIP OF Des MOINES. 

Appeal from Jefferson County. 

Discretionary Acts. Abuse of discretion is not established by testimony show- 
ing that a different action would have been preferred by the electors. 

District Organization. The county superintendent has no jurisdiction to 
determine the validity of district organization. 

Testimony. To be legal must be given under oath. 

Boundaries. Of subdistricts, changed between September and March. 

Majority Vote. Of whole board required to change subdistrict boundaries. 

A petition was presented to the board asking that certain territory in 
Des Moines township be set aside to form, in connection with territory to 



SCHOOL LAW DECISIONS 35 

be obtained from the independent district of Liberty, number eight, a new . 
subdistrict to be known as subdistrict number nine, Des Moines township. 
The board acted on this petition and made the following order: "In the 
matter of the petition of J. D. Handersheldt and Silas Pearson, asking 
for the formation of a new subdistrict to be known as number nine, in 
the district township of Des Moines, all the territory within the boundary 
lines therein described, is hereby granted, provided sufficient territory be 
granted by the independent school district of Liberty, number eight, to 
make a suitable and convenient subdistrict as to the amount of territory 
and the number of children of school age; and, provided, that in case the 
territory is not granted by said independent district of Liberty number 
eight, then said territory hereby granted shall remain and be a part of 
subdistrict number five, of the district township of Des Moines." 

On the twenty-eighth day of April, 1882, the board of the district town- 
ship of Des Moines, at a special meeting, adopted the following resolution: 
"It is hereby ordered that all action heretofore taken by the board of the 
district township of Des Moines, in the formation and organization of 
subdistrict number nine, in the above named township, is hereby re- 
scinded." From this action of the board, J. D. Handersheldt appealed to 
the county superintendent, who upon hearing the case on appeal rendered 
the following decision: "A resolution passed rescinding an action which 
has not yet taken effect, is legal, but so far as it concerns formation 
and organization which is already completed. It is illegal." From this 
action or decision of the county superintendent, J. D. Handersheldt ap' 
peals. 

It appears from the transcript of the county superintendent that the 
witnesses were not sworn. A failure to take testimony under oath la 
fatal to the case, even though from its nature it came properly before the 
superintendent on appeal. 

A brief examination will be sufficient, we think, to show that this action 
should have been dismissed by the county superintendent for want of ju- 
risdiction, since no appeal will lie when the validity of the district organization 
is involved. 

This appeal was taken from the action of the board to the superintend- 
ent, for the purpose of determining whether or not the board erred in 
rescinding its former action creating subdistrict number nine. There was 
very little evidence bearing on this, the sole issue in the case. Witnesses 
simply stated that they were or were not in favor of subdistrict number 
nine. 

Such testimony can have no bearing in an action to establish error on 
the part of the board. Appellants set forth in their affidavit that the 
county superintendent erred, in that he refused to admit testimony to 
show that there never had been any legal organization of subdistrict num- 
ber nine. We think such evidence was properly excluded, and yet it is 
necessary, to enable any tribunal to arrive at a decision of the case; for 
if the district was organized according to law, then the board committed 
error in making an order which operated to discontinue it, and hence to 
change boundaries of subdistricts at a time of year in which, according to 
cur holding, it can not oe done. Upon the presumption that the district 
was legally organized, it committed error by making a change of subdis- 
trict boundaries without a majority of the whole board, 



36 SCHOOL LAW DECISIONS 

It must therefore be determined whether the conditions upon which the 
board of Des Moines township granted the territory, were fulfilled, or, in 
other words, it must be known whether or not the independent district 
number eight, of Liberty,, concurred in the transfer of the territory. But 
neither the county superintendent nor this department is competent to 
determine the legality of a district organization, and it is therefore im- 
possible for us to decide whether or not the board committed error. 

The remedy is an application to a court of law for mandamus to compel 
the board to recognize the subdirector of subdistrict number nine, as a 
school officer and member of the board of the district township of Des 
Moines. Were the issues involved within our jurisdiction, we would not 
hesitate to consider them, but as no question of such nature is connected 
with the case it is Dismissed. 

J. W. AKERS, 

November 2, 1882. Superintendent of Public Instruction. 



Appleton Park v. Indenpendent District of Pleasant Grove. 

Appeal from Des Moines County. 

Records. The official record is its own best evidence. Testimony intended to 
contradict the record should not be admitted. 

Records. Records not made and certified to by the proper officers as required 
by law are defective and may be impeached by collateral evidence. 

Teacher. The law provides that a teacher shall have a fair and impartial 
trial, with suflBcient notice to enable him to rebut the charges of his accusers. 

Charges. Must be clearly sustained by the evidence. 

Appleton Park was duly engaged and contracted with. He began teach- 
ing on the fourth day of September, 1882; after some ten or eleven days 
had expired, during which time he had taught the school, he was waited 
upon by the entire board, called to the door and informed that certain 
rumors were being circulated, to the effect that he had been guilty of 
using obscene and vulgar language in the presence of his pupils, and dur- 
ing regular school hours. The board called at the schoolhouse again 
about the hour for closing the school in the afternoon, and the school hav- 
ing been dismissed, it proceeded to examine three of the boys as to the 
truth of the charges above referred to. The result of this action was that 
the teacher left the school and the board employed another teacher. Mr. 
Park appealed to the county superintendent, who reversed the action of 
the board, whereupon D. L. Portlock, president of the board,' appeals. 

The principal difficulty presented in this case -seems to be to determine 
just what that action or. order of the board was from which the appeal 
"^as taken. The transcript filed by the secretary of the board, is as fol- 
lows: "Complaint being made by some of the scholars to the school 
board, in regard to the teacher, Appleton Park, using indecent, rough and 
insulting language during school time, the board met at the schoolhouse 
to make an investigation. The board stated the above charges to the 
te&cher, Appleton Park, who after reflecting upon the matter, proposed Ms 



SCHOOL LAW DECISIONS 87 

resignation to the board. The board, after due consideration, accepted 
the same. The question being settled in the above way, and no other 
business before the board, the board then adjourned." 

The parol evidence of Appleton Park was admitted to offset and im- 
peach the record. This was clearly in violation of well established law, 
if the record was really what it purported to be, a true and authenticated 
copy of the proceedings of the meeting of the board referred to. 

Starkie on Evidence, says: "Where written instruments are appointed, 
either by the immediate authority of law, or by the compact of the parties, 
to be the permanent repositories and testimony of truth, it is a matter 
both of principle and of policy, to exclude any inferior evidence from be- 
ing used, either as a substitute for such instruments, or to contradict or 
alter them; of principle, because such instruments are in their own nature 
and origin entitled to a much higher degree of credit than that which 
appertains to parol evidence; of policy, because it would be attended with 
great mischief and inconvenience if those instruments upon which men's 
rights depend were liable to be impeached and controverted by loose col- 
lateral evidence." Starkie, part IV. p. 9 95, Vol. Ill, 3d Amer. Ed. 

The fact that the transcript referred to is not certified to by the secre- 
tary, and the further fact that he was not present at the board meeting 
in question, and wrote the minutes as dictated from memory by the presi- 
dent of the board, three days after the meeting, fully justified the supe'r- 
intendent in ruling it out and in admitting parol evidence. 

We come now to consider whether the trial before the board was such 
a proceeding as is required by section 1734. The board called in the morn- 
ing and informed the teacher of the charges preferred against him, where- 
upon he offered to resign. It instructed him to proceed with his school 
and stated that it would return in the evening. During the day the. board 
worked up its case against the teacher, while he was so employed as to pre- 
vent him from giving thought or attention to the charges, or to the pre- 
paration of any adequate defense. 

We must sustain the superintendent in finding that the trial and op- 
portunity to defend was not what the law intends every teacher shall 
have. Every teacher is entitled to the sympathy and support of the school 
board, and where there is any reasonable doubt as to the truth of stories 
circulated by school children, the teacher should have the benefit of such 
doubt. We believe that had the board been in sympathy with the teacher 
in this instance, it would have decided that the charges were not sustained 
by the evidence, at least by any evidence which appears of record. That 
the teacher offered to resign in the evening does not appear from the 
evidence offered in behalf of the board, while it does appear that at least 
one member of the board told him "he had better quit." 

We are compelled to hold that the teacher was dismissed, and that in 
doing so for no sufficient reason the board erred and the decision of the 
county superintendent is therefore Affirmed. 

• J. W. AKERS, 

February 16, 1883. Superintendent of Public Instruction. 



*Note— Our supreme court rendered a decision regarding' the measure of dam- 
ages resulting from the wrongful discharge of this teacher. The opinion is found 
in 65 Iowa, 209. 



38 SCHOOL LAW DECISIONS 

J. B. B. Baker v. Independent Distbict of Waukon. 

Appeal from Allamakee County. 

Rules and Regulations. In establishing and enforcing regulations for the 
government of scholars the board has a large discretion. 

On the seventh day of June, 1886, Maud Baker was suspended for re- 
peated violation of a rule of the board, known as rule five, which reads 
as follows: "Any scholar who shall be absent five half-days in four con- 
secutive weeks, without any excuse from parent or guardian satisfactory 
to the teacher that the absence was caused by said pupil's sickness, or by 
sickness in the family, or, in the primary grades, by severity of the 
weather, shall forthwith be suspended. No pupil so suspended shall be 
reinstated without a permit from the principal." 

Rule twelve provides that the principal of the school may suspend pu- 
pils temporarily, and that he shall immediately notify the parent or guard- 
ian of a suspended child of such suspension, the notice to be in writing, 
and furthermore, that he shall immediately inform the board of his action. 

Maud Baker was absent without excuse, and when called to account for 
her absence stated that she had gone on a fishing excursion, and expected 
to go the week following. Having failed to render a satisfactory excuse, 
she was suspended, as above stated. Notice in writing was sent to parent, as 
required by rule five, and the board informed of the suspension. The board 
approved the action of the principal. J. B. B. Baker appealed to the county 
superintendent, who reversed the action of the board. D. W. Reed appeals. 

The facts in this case are not controverted. It appears in evidence 
that the suspension of Maud Baker was reported to the board, and that a 
special meeting of the board was held for the consideration of the act of 
the principal. Maud Baker was present at this meeting of the board, 
and the president testifies that he read to her the rule under which she 
had been suspended, and asked her to give the board some promise of 
amendment in the future, as a condition of reinstatement and she replied 
that she would not make any promise for the future, and expected to go 
fishing the following week. 

The county superintendent finds that the suspension was made in com- 
pliance with the rules of the board for the government and regulation 
of the schools, and that the act of the principal in suspending, and of the 
board in approving his action, was without prejudice or malice. The 
board was reversed on the ground that the law does not confer upon the 
principal, or the board, power to suspend for the cause for which Maud 
Baker was suspended. 

The case turns, therefore, upon the power of the board to establish 
and enforce a rule providing for the suspension of pupils, who are absent 
a given number of days, or half-days, without a satisfactory excuse. The 
point has been fully discussed and settled by our supreme court in the 
case of Burdick v. Bahcock, 31 Iowa, 562, and need not be considered here. 
Murphy v. Independent District of Marengo has been cited, but does not apply, 
as in that case it is stated that the offense for which the pupil was dismissed 
was not in violation of any rule or regulation. 



SCHOOL LAW DECISIONS 3d 

We are compelled to overrule the decision of the county superintendent, and 
to sustain the action of the board. Reveksed. 

J. W. AKERS, 
October 23, 1S86. Superintendent of Public Instruction. 



N. R. Johnston v. District Township of Utica. 

Appeal from Chickasaw County. 

Mandamus. To compel the performance of an official duty, appeal sometimes 
consumes valuable time. Mandamus is often a more speedy and better remedy. 

DiscEETiONAKY AcTS. Action by the board unduly delaying the final considera- 
tion of an important matter, may be regarded as an evidence of prejudice. 

The issues involved in this case were the formation of a new subdistrict to 
be known as number twelve, and the providing for a school during the winter 
of 1887-8, pending the election of subdirector for the new subdistrict. The 
case came in due order to the county superintendent on appeal, and from 
his decision the board appeals. 

At its meeting on the nineteenth of September, 1887, the board had 
before it a petition signed by Caleb Boylan and others, to redistrict num- 
ber two, and to form a new subdistrict. After various motions it was 
voted to adjourn to the second Saturday in February, 18 88, to consider 
said petition. Appeal was taken to the county superintendent. 

At the trial before that officer, October 27, 1887, and adjourned to 
October 31st, a motion was made to dismiss the case, on the ground that 
the matter was still pending before the board, as no final action had been 
taken by that body. The motion to dismiss was overruled, and the county 
superintendent proceeded to hear the case. Did the county superintendent 
commit an error? We think not. 

Without impunging in any way the motives of the. board, its action 
in adjourning to a date as late as the second Saturday in February, was 
calculated to delay and defeat the prayer of the petitioners. The ag- 
grieved parties had an undoubted right to appeal, but we regret that they 
did hot avail themselves of the more speedy remedy of resorting to the 
courts. A writ of mandamus would undoubtedly issue in such a case, com- 
pelling the board to perform its enjoined duty. 

A motion to dismiss on the ground that there was no evidence to show 
that the board acted with passion, prejudice, or injustice, was also very 
properly overruled. The action of the board delaying the whole matter 
until the second Saturday of February, 1888, was in our opinion an act of 
manifest injustice, which the superintendent very properly took into account 
in making his decision. 

The county superintendent reversed the action of the township board 
and ordered the new subdistrict, number twelve, to be formed, with an 
extra school for thS winter of 1887-8, in accordance with the prayer of the 
petitioners. Ought his decision to be sustained? 

A careful review of the evidence in the case, including the plat "exhibit 
A," shows that the township of Utica is divided into eleven subdistricts, 
some of them very large and irregular in shape. A better division than that 



40 SCHOOL LAW DECISIONS 

proposed by the formation of the new subdistrict, number twelve, can 
possibly be made. The county superintendent, however, provides for this, 
as his decision does not prevent any changing of the boundaries of sub- 
district lines,* if necessary to faciliate the school privileges of the town- 
ship. 

A new subdistrict is needed to furnish reasonable school facilities for 
the children in that neighborhood, and so far as ordering the new sub- 
district, to be known as number twelve, is concerned, the decision of the 
county superintendent is Affibmed. 

HENRY SABIN, 

March 15, 1888. Superintendent of Public Instruction. 



Jacob Deck et al. v. District Township of Eden. 

Appeal from. Decatur County. 

Subdistrict Boundaries. A case involving a change of subdistrict boundaries, 
having been adjudicated by the county superintendent reversing the action of 
the board, and being aflirmed by the superintendent of public instruction, 
can not again be brought upon appeal, unless it can be shown that some change 
materially affecting the conditions of the case has taken place since the date 
of the former decision. 

Subdistrict Boundaries. In changing subdistrict boundaries, both the present 
and the future welfare of the district township should be considered. 

Subdistrict Boundaries. A subdistrict long established, embracing a territory 
having a sufficient number of scholars to maintain a good school, should not be 
abolished, unless the general school facilities of the township will be improved 
thereby. 

On the nineteenth day of September, 1887, the board voted to abolish 
subdistrict number eight. Jacob Deck and others appealed to the county 
superintendent, who on the fifth day of December rendered a decision re- 
versing the action of the township board, and the board appeals. 

The council for the directors urged in their written argument that the 
county superintendent should be required to send up to this department all 
the testimony taken in the trial before her. It was certainly the duty of 
the county superintendent to send up all the testimony upon which she 
based her decision. In the absence of any proof to the contrary, the pre- 
sumption is that the transcript furnished by her contains all the testi- 
mony on file in her office. There is no proof offered that she has not com- 
plied with the law in all respects. 

On the twenty-sixth day of December, 18 85, the county superintendent 
rendered a decision reversing the action of the board in abolishing sub- 
district number eight. As no material changes have taken place since 
then, in the condition of the township, does that former decision act as a 
bar to any further proceedings in this case? We think n«t. 

The principle enunciated here is undoubtedly correct. A case involving 
a change of subdistrict boundaries, having been adjudicated by the county 
superintendent reversing the action of the board, and being afiirmed by 
the superintendent of public instruction can not again be brought upon 



SCHOOL LAW DECISIONS 41 

appeal, unless it can be shown that some change materially affecting the 
conditions of the case has taken place since the date of the former decis- 
ion. In this case, however, the decision of the county superintendent 
can not act as a bar to further proceedings, because the district board 
did not take an appeal. Such proceedings can not be considered as final 
in STich a sense until they have been affirmed by the superintendent of 
public instruction. 

It is urged that the county superintendent erred in taking into consid- 
eration the distance which many of the pupils must travel in order to reach 
their school, if the action of the township board, abolishing subdistrict 
number eight, is aflBrmed. The law does not contemplate that one and one- 
half miles is in all cases an unreasonable distance. It depends largely 
upon the age of the pupil and upon the condition of the roads. In the case 
before us a natural obstacle, the Little Turkey river, must be taken into 
consideration. The opening of additional roads and the construction of a 
bridge would simplify matters somewhat, but no steps have been taken 
to accomplish this. Until this is done, to abolish the school in number 
eight would impose an undue hardship upon a large number of pupils. 

What are the conditions of the school as at present constituted? The 
report of the secretary put in evidence, shows that the school in number 
eight will average with other subdistricts in the number of pupils enrolled; 
it is above the average in daily attendance, and below the average in cost 
of tuition. The board fails to show that reduced numbers render it ex- 
pedient to abolish this subdistrict, nor does it show that the township is 
excessively taxed to support its schools. 

This department has alreay ruled that subdistrict lines, which have 
been long established, embracing a territory having a sufficient number of 
pupils to maintain a good school, should not be disturbed, unless it can 
be proved that the general school facilities of the township will be im- 
proved by the change. 

The board does not show that there is any general benefit to be ex- 
pected from the proposed change of boundaries, nor does it prove that any 
existing necessity makes it desirable. The board undoubtedly intended to 
act fairly toward all, but we think it failed to properly consider all the 
circumstances involved in its action. The decision of the county superin- 
tendent is therefore Affirmed. 

HENRY SABIN, 

March 16, 1888. Superintendent of Public Instruction. 



J. S. FoLSOM et al. v. District Township of Center. 

Appeal from Cedar County. 

Rehearing. To warrant a rehearing, some valid reason must be urged. 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant 
testimony is occasionally admitted. 

ScHOOLHousE SiTE. Every dwelling-house must be taken into account, as some- 
one entitled to school advantages may hereafter reside there. 



42 SCHOOL LAW DECISIONS 

ScHOOLHousE SiTE. When it is the evident intention of the board to relocate the 
site as near as possible in the center of the subdistrict, in order to furnish equal 
school facilities to all the residents, its action should not be materially interfered 
with. 

The transcript in this case shows that on' the twenty-first day of March, 
1887, at a meeting of the board, a committee was appointed to investigate 
the needs of subdistrict number two and report at the meeting in Septem- 
ber. It further shows that on the nineteenth day of September, 1887, 
such committee reported, recommending that the new house be built for 
said subdistrict, to be located in the center of the district. The report 
was received and the committee discharged. The report was also upon 
motion, laid upon the table. 

On the nineteenth day of March, 1888, at a meeting of the directors, 
the above report was finally adopted and a building committee was ap- 
pointed to confer with the county superinendent in regard to plans and 
specifications. From this decision of the board Folsom et al. appealed to 
the county superintendent, and the case was heard at Tipton on the ninth 
day of April, 1888. The records in the county superintendent's oflice 
show that the appellee consented to the filing of an amendment to the 
affidavit by appellant, and that the appellee filed a motion to modify the 
decision of the board, and the trial then proceeded. On the eleventh day 
of April the county superintendent filed a decision reversing the action of 
the board. On the seventeenth day of April, 1888, a motion was filed for 
a rehearing, within the time given by the county superintendent. On the 
nineteenth day of April, 1888, the motion for a rehearing was argued be- 
fore the county superintendent and overruled. From the decision of the 
county superintendent the bofrd appealed to the superintendent of public 
instruction, and the whole case came up on a hearing before him on the 
fifth day of June, 1888. 

The first question to be decided is: Did the county superintendent err 
in overruling the motion for a rehearing? A rehearing of such a case can 
be granted only when it can be shown that some injustice has been done, 
or some mistake has been made which can be corrected by a new trial; or 
when some additional evidence has been discovered which is in favor of 
the party applying, but which could not have been presented before by 
reasonable diligence. The aflidavit upon which the motion for a rehearing 
was based failed to show any such reasons. All the main points alleged 
therein had already been ruled upon by the county superintendent, and 
we think she did not commit any error in overruling the motion. This 
also disposes of all the testimony sent up in support of the motion for a 
rehearing; these affidavits will not be taken into account in the final de- 
cision. ; i ' i ' ! "*'4l 

It is not necessary here to determine the legal residence of William 
Busier. His own testimony is that the distance from his residence to the 
site selected by the board is one and one-fourth miles. The fact that Mrs. 
Morgan does not desire to send to school is not material. It is not the in- 
dividual but the residence that is to be considered. Some other person 
living at the same place may hereafter desire school privileges. 

We are now free to approach the main question upon which issue is 
joined. The testimony shows that the directors desired to relocate the 



SCHOOL LAW DECISIONS 43 

schoolliouse in subdistrict number two in a more central location; no other 
reason is assigned for the contemplated removal. There is nothing to 
show that the present site is unsuitable, except that it does not well ac- 
commodate the pupils from the northern part of the district. In this de- 
termination to relocate the site near the center, there is no evidence of any 
abuse of discretion on the part of the board and we think this action should 
not be interfered with. 

There, is, however, evidence which shows that the exact acre which the 
committee staked out is not a desirable site for a building. The board itself 
acknowledges this in its amended order by which the site is removed ten 
rods north. 

The county superintendent, in her decision, locates the site upon a piece 
of ground known as the "grave-yard site." It is urged that the county 
superintendent has only appellate jurisdiction, and must therefore confine 
her decision to the two sites upon which the parties joined issue. She 
seems to have entertained some such idea, as she sustained a motion to 
rule out all testimony in regard to the unsuitableness of the grave-yard 
site when such evidence was offered in the original trial. "We think that 
such evidence should have been admitted. 

In April, 1866, the Hon. O. Faville, then superintendent of public in- 
struction, obtained this opinion from Hon. F. E. Bissell, then attorney-gen- 
eral: "The case does not come before him (the county superintendent) 
merely to correct an error of the board of directors, but to hear and decide 
the same matter that the board had decided. The county superintendent 
is not limited to an affirmance or reversal of the action of the board, but 
he determines the same question that the board determined." See also 
John Clark, v. District TowrsMp of Wayne, page 47, School Law Decisions of 
1876. 

To this opinion the decisions of this department have always conformed. 
The county superintendent, therefore, did not go beyond her jurisdiction 
in selecting a site different from any which had been considered by the 
board. 

We can not see, however, that the grave-yard site has any advantage 
over the old site. It is irregular in shape, and is about as far north of the 
center of the subdistrict as the present site is south. In fact, its selection 
as a site for the new building defeats the very end which the board had 
in view in its action locating the site in the center of the subdistrict. 

The case is remanded to the board with instructions not to build upon the 
site selected by the committee, but to select the best site possible within a dis- 
tance not more than forty rods from the center of the site staked out by the 
committee; the south corner of said site, however, to be at least fifteen rods 
north of the south corner of the committee's site; said site also to contain not 
less than an acre, and to be as nearly square in form as the circumstances will 
admit. The decision of the county superintendent is Reveesed. 

HENRY SARIN, 

June 7, 1888. Superintendent of Public Instruction. 



44 SCHOOL LAW DECISIONS 

P. O'CoNNOE, Jk., V. District Township of Badger. 

Appeal from Webster County. 

JiTBisDicTioN. In most matters with which boards have to do under the law, 
their authority and responsibility are absolute, and their jurisdiction is com- 
plete and exclusive. 

Jurisdiction. A former order of the board, or a decision of the county super- 
intendent on appeal, will not operate to prevent the board from exercising its 
discretion anew, when good reasons exist for such action. 

Reheabing. To obtain a rehearing the necessity must be clearly shown. 

Discretionary Acts. In the exercise of discretion, the benefit of every reason- 
able doubt must be given in favor of the correctness of official acts. 

Appeal. The hearing is not to be conducted by a rigid adherence to the tech- 
nical forms and customs which prevail in the courts. 

At a special meeting of the board held February 10, 1888, it was voted to 
remove the schoolhouse in subdistrict ^number seven, forty rods north from 
its present site. P. O'Connor, Jr., appealed to the county superintendent, 
who heard the case on the twenty-third day of April and affirmed the action 
of the board. P. O'Connor, Jr., appeals. 

The proceedings in this case are regular and the facts admitted by both 
parties. The only point in dispute is this: On the tenth day of November, 
1887, the county superintendent heard the same case and ren'dered his 
decision reversing the action of the board. As the board did not see fit 
to appeal, and as no material changes have taken place in the subdistrict, 
it is claimed that the decision of the county superintendent rendered No- 
vember 10, 1887, must be considered as final, and that no further proceed- 
ings can be had in the case. If this allegation is true, then the county 
superintendent committed error in not dismissing the case. 

Let us examine it a moment, that we may arrive at the intent of the law. 
It is plain that the law reposes great confidence in the discretionary acts of 
a board of directors. The instructions from the department of public in- 
struction to county superintendents have always been that such discre- 
tionary acts are to be affirmed unless it can be very clearly shown that the 
board has in some way abused its powers; if there is a doubt, even, the 
board is to have the benefit of it. It has become a well established principle 
that the conduct of the schools and the location of schoolhouses should be 
left with those officers who have the closest relation to the people for whose 
benefit the schools are maintained. With this principle this department is 
not willing to interfere. 

Is it right, then, that in this present case because the county superin- 
tendent reversed the board in November, 1887, it should be left without 
further remedy? We think not. After its former action was reversed, 
the board had its choice of three courses of action; it was bound to take the 
one which it believed to be for the best interests of the subdistrict. 

It could ask for a rehearing, but to obtain that it must be able to show 
that some very grave mistake had been made, or that it had discovered some 
additional evidence which could not have been presented before by using 
reasonable diligence. 



SCHOOL LAW DECISIONS • 45 

It could appeal to the superintendent of public instruction, but in that 
event it must base its case wholly upon the evidence as presented before 
the county superintendent, as this department has no right to hear addi- 
tional testimony. 

It could begin the case de novo, amend its record if it was faulty, supply- 
omissions, introduce new testimony, and perfect its proceedings in such 
ways as to obtain a possible different decision from the county superintendend- 
ent, or so as to make a stronger case before the superintendent of public 
Instruction if either party found it necessary to appeal to him. 

In this case the board chose the last remedy, and we think it was wise 
in doing so, as the most ready manner of obtaining a final adjudication of 
the whole matter. 

After careful study of the authorities cited by counsel, we can only reach 
this conclusion. If the aggrieved party fails to appeal within the thirty 
days allowed by the law, the decision, of the county superintendent be- 
comes final as far as that particular case is concerned; but we find nothing 
in the law to warrant the conclusion that a reversal by the county superin- 
tendent acts as a bar to any further proceedings because the district board 
did not then and there take an appeal to the superintendent of public in- 
struction. Such a conclusion would defeat the ends aimed at by the law 
in placing the management of the schools in the hands of the school ofiicers 
as chosen by the people. The county superintendent and the superintend- 
ent of public instruction, in hearing these appeal cases have the jurisdic- 
tion, somewhat of a court of equity and are not bound by a rigid adherence 
to the technical forms and customs which prevail in the courts of jus- 
tice. 

In reaching this conclusion we are supported by the case of Morgan v. Wilfley 
et al., 70 Iowa, 338. "The power to redistrict and change subdistricts is con- 
ferred upon the board by the statute, and action in that direction, for suffi- 
cient cause, can not be considered as unauthorized." The power to change 
or fix the schoolhouse site is conferred in the same manner. Further: 
"The board of directors can not be so fettered by its prior action, or by legal 
proceedings that it may not, at any time, for sufficient cause, redistrict the 
township, as in its best judgment may be demanded by the interest of all 
the children of the district." The principle here enunciated is so broad that 
it applies to all the actions of the board, and it is not necessary to dwell 
upon it. 

In regard to the merits of the case, there is nothing to be said. There 
is no evidence to show that the board abused its authority, and consequently 
no reason for setting its order aside. The decision of the superintendent is 

Affirmed. 
HENRY SABIN, 

July 9, 1888. Superintendent of Public Instruction. 



Samuel Walker v. J. S. Crawford, County Superintendent. 

Appeal from Cass County. 

Certificate. The county superintendent is his own judge as to how fully he 
will give the applicant reasons for the refusal of a certificate. 



46 SCHOOL LAW DECISIONS 

Certificate. The county superintendent is charged with the responsibility of 
refusing to issue a certificate to any person unless fully satisfied that the ap- 
plicant possesses the essential qualifications demanded of teachers by the law. 

Discretionary Acts. Unless a marked violation of the large discretion vested 
in the county superintendent is proved clearly and conclusively, his action in 
refusing or revoking a certificate will not be interfered with on appeal. 

Cebtificate. The decision of a county superintendent refusing a certificate 
will not be interfered with on appeal unless it appears that he acted from pas- 
sion or prejudice. 

This case arises from the refusal of J. S. Crawford, county superintend- 
ent of Cass county, to grant a certificate to Samuel Walker to teach in the 
schools of said county. The case was reheard on the first day of December, 
1888, by way of appeal, the superintendent affirming his former decision. 
Samuel Walker appeals. 

Section 1766 requires the county superintendent to examine each candi- 
date desiring to teach in the public schools of the county, In certain 
branches enumerated therein, with special reference to his competency and 
ability to teach the same. But section 1767 still further directs that the 
county superintendent must satisfy himself that the applicant possesses a 
good moral character and the essential qualifications for governing and in- 
structing children and youth. Here, then, are three distinct qualifications 
to be investigated and determined by the county superintendent before he 
issues the certificate. My predecessor very pointedly says in a written 
opinion on file in this office: "Under the law the county superintendent 
must be satisfied that you (the candidate) possess all the qualifications 
enumerated by law." 

In this case it is not claimed that the appellant is deficient in the 
branches usually taught in the public schools. Neither is it charged that 
he does not possess a good moral character. The only point in question is 
hip ability to instruct and govern children and youth. We confess that this 
is an exceedingly difficult point to determine in many cases. The surest 
way undoubtedly is to visit and inspect the school, but we think the county 
superintendent took the next best way when he drew the candidate into a 
conversation and allowed him to express himself freely and without re- 
serve. Certain traits of character most essential to a teacher can not be 
ascertained by a written examination alone. 

At the time of the trial on appeal the county superintendent was placed 
on the stand as a witness for the appellant. In the course of his testi- 
mony he made this statement: "I refused Mr. Walker a certificate because 
I thought, and still think, Mr. Walker did not have judgment, a well bal- 
anced mind, and common sense, to teach a good school." It is not the duty 
of the superintendent of public instruction to try this case de novo in order to 
determine the correctness of this conclusion. We are not called upon to 
pass upon the fitness or unfitness of Mr. Walker to teach in the schools of 
Cass county. 

Did the county superintendent err, in that he was actuated by wrong 
motives? If through passion or prejudice he refused Mr. Walker a certifi- 
cate he did him an injustice, and his decision should be reversed. The exist- 
ence of such a ruling motive would show itself somewhere in the evi- 



SCHOOL LAW DECISIONS 47 

dence. We have read the transcript several times with care, and we fail 
to find any disagreement existing between the parties previous to, or at the 
time the appellant was first examined, or that Mr. Crawford has spoken 
unkindly of Mr. Walker or shown a disposition to injure him in any way. 
It was competent for the appellant to show clearly at the trial that the 
county superintendent was prejudiced against him to such an extent as 
not to do him justice; this he has failed to do by any reliable testimony. 
The weight of the testimony is to the effect that the county superintendent 
was endeavoring to do his duty as a school officer and in this the superin- 
tendent of public instruction must sustain him. 

The counsel for the appellant claims that the county superintendent erred 
in not informing the applicant upon what grounds he refused him a cer- 
tificate. The testimony of Mr. Frost, from his long experience in the office 
of county superintendent, has great weight. We agree with him that it is 
usually better to inform the applicant frankly and fully why the certificate 
Is refused, but cases may arise in which it is as well not to do this. The 
law is silent upon this point, the county superintendent must be his own 
judge of what it is best to do. We do not think the refusal in this case 
is an error on the part of the county superintendent. 

It is also alleged on the part of the appellant that "the county superin- 
tendent made a wrongful decision upon the facts in the case." The appel- 
lant introduced evidence to show that he had taught a fairly successful 
school, and that he was in good repute as a teacher in his own neighbor- 
hood. All this was pertinent to the question at issue, but if the conversa- 
tion and actions of the appellant made such an impression upon the mind 
of the county superintendent at the time of examination that this evidence 
even could not overcome it, the county superintendent could not consist- 
ently do otherwise than as he did. 

The discretion vested in the county superintendent by the law is very 
large, and for this purpose, that he may guard the public schools against 
the intrusion of persons unworthy or unfit for the office of teacher. The 
department of public instruction can not release him from his responsi- 
bility, nor can it interfere with his discretionary acts except upon the 
clearest and most convincing proofs of violation of law, or of the influence 
of passion or prejudice in the performance of his official duty. 

The appellee on the other hand seems to argue that the action of the 
county, superintendent, in refusing to grant a certificate, can not be inter- 
fered with by the superintendent of public instruction. In 1867, Hon. D. 
Franklin Wells, then superintendent of public instruction, obtained an 
opinion from the attorney-general of the state, Hon. F. E. Bissell, upon this 
point. The following extract from that opinion is answer to each of the 
claims just considered. "Chapter 52, laws of the tenth general assembly, 
provides that the superintendent of public instruction shall be charged 
with the supervision of all the county superintendents, and shall deter- 
mine all cases appealed from the decision of the county superintendent. I 
hold that under the above provisions, the right of appeal is clearly inferable, 
if not directly given to any one aggrieved by the refusal of the county 
superintendent to give a certificate, or by the revocation of a certificate. 
The power should, however, be very cautiously exercised and the decision 
of the county superintendent should not be interfered with except in case 
of a clear violation of duty, or when the act was the- clear result of passion 
or prejudice," 



48 SCHOOL LAW DECISIONS 

After a careful review of the testimony and the able arguments sub- 
mitted to us, we do not find sufficient reason for reversing the decision made 
heretofore. Affirmed. 

HENRY SABIN, 

February 4, 1889. Superintendent of Public Instruction. 



G. W. Davis et al. v. District Township of Linn. 

Appeal from Linn County. 

Appeal. Will not lie to control the action of a board or of the county super- 
intendent, where concurrence is provided for. 

Tuition. To enable the districts in which the children reside to collect tui- 
tion, all the requirements of the law must first be fulfilled. 

At its regular meeting on the eighteenth of March, 1889, the board 
passed a resolution excluding from the privileges of the school, in sub- 
district number s.even, children from the independent district of Laurel 
Hill, in Jones county, who had from time to time for many years, been 
allowed to attend the school in said subdistrict number seven. On the 
thirtenth of April the board considered a petition of parties in the ad- 
joining district of Laurel Hill desiring to send to the school in Linn town- 
ship, and passed an order refusing to admit their scholars. From this 
action, G. W. Davis and others appealed to the county superintendent, who 
heard the case on the ninth of May, affirming the order of the board. 
From his decision G. W. Davis appeals. 

The attendance of scholars living in an adjoining district is governed 
by section 1793. By the portion of the section to which this appeal relates, 
children may attend in another district on such terms as may be agreed 
upon by the respective boards. In the history of this case, it is not shown 
that any action was taken by the board of Laurel Hill as to agreement 
regarding terms of attendance. The board of the district township of 
Linn refused to admit the scholars in question. It is from this order, an 
initial action, that appeal was taken. 

At the trial before the county superintendent a statement of facts was 
submitted and was agreed to by both parties to the appeal, as a ba^s upon 
which the appeal should be heard. At this point the board by its attorney 
filed a demurrer, urging that the county superintendent could not ac- 
quire jurisdiction; that the action of the board complained of was not sub- 
ject to revision upon appeal and asking the county superintendent to dis- 
miss the case for want of jurisdiction. The demurrer was overruled, the 
case was tried on the agreed statement of facts, and the order of the board 
aflarmed. Did the county superintendent err in. overruling the motion to 
dismiss the case for want of jurisdiction? We think he did. 

If the boards fail to agree upon terms of attendance, certain condi- 
tions regarding distance from the respective schools being fulfilled, as they 
are in this case, section 179 3 itself provides the next step to be taken. The 
county superintendent of the county in which the children reside may give 
his consent with that of the board of the district where the children desire 
to attend, admitting them. But from the refusal of the board to admit the 



SCHOOL LAW DECISIONS 49 

children it is held and has been uniformly held in opinions by this depart- 
ment, that appeal will not lie. It has always been conceded to be the in- 
tention of the lawmakers to leave with the board of the district in which the 
school is maintained, the matter of determining finally and conclusively, 
if it chooses, that scholars shall not be admitted under the provisions of 
section 1793. If its consent is withheld, neither the courts of law nor any 
appellate tribunal may set aside its order of refusal, and compel it to admit 
outsiders and accept as compensation for their instruction the amounts 
fixed by section 1793. We have referred to this matter at such length, 
because the counsel for the appellant urges the claim that the case should 
be remanded for a new trial. 

We are compelled to find that there are but two methods in law, by 
which attendance in subdistrict number seven may be secured for their 
children by the appellants. The two boards may agree as to the terms 
of attendance. Or after they have refused to agree the concurrent con- 
sent of the county superintendent of Jones county and the board of the 
district township of Linn, will entitle the children to attendance and bind 
their home district for the expenses of their instruction in the manner 
provided by section 1793. But appeal will not lie to control the action of 
either board or of the county superintendent. 

Reversed and Dismissed. 
HENRY SABIN, 

August 6, 1889. Superintendent of Putlic Instruction. 



ISHAM WaTKINS v. INDEPENDENT DiSTEICT OF EMPIRE. 

Appeal from Marion County. 

Appeal. An appeal will not lie from an order of the board initiating a change 
in boundaries, where the concurrence of the board of an adjoining district is 
necessary to effect the change. 

Appeal. Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board con- 
curring or refusing to concur, but not from the order of the board taking ac- 
tion first. 

Jurisdiction. The jurisdiction of an appellate tribunal is not greater than 
that of the board from whose action the appeal is taken. 

On the sixteenth of September, 1889, the board of the independent dis- 
trict of Highland determined to notify Isham Watkins of Empire district, 
that his children could not any longer attend the school in Highland dis- 
trict. The records show that it was willing that he should be attached to 
Highland district. This was taken as an initiatory movement. Isham Wat- 
kins petitioned the board of the Empire district to set off the north half of 
northeast quarter of sections 25, 75, 21, to the independent district of High- 
land. The petition was rejected; in effect the Empire board refused to con- 
cur. An appeal was taken to the county superintendent, who ordered that 
the northeast quarter of northeast quarter of section 25 be detached from 
the independent district of Empire and attached to the independent dis- 
trict of Highland. 
L. ■ 4 



50 SCHOOL LAW DECISIONS 

Of the several questions involved in this case it is necessary to discuss 
only one. Did the county superintendent exceed Ms jurisdiction? The 
board of Highland initiated an action. The board of Empire -district must 
either concur or non-concur, and from its action an appeal could be taken. 
If it did not choose to accede to the proposition of the Highland district, 
then action in that particular ended with its vote to non-concur. If it had 
a different proposition to make, as for instance granting forty acres, it 
could only initiate a movement to that effect and leave it for Highland dis- 
trict to act, and from the action of the latter board an appeal could then 
be taken. 

In this case the county superintendent initiates a new action, and leaves 
it for Highland district to act. Now, if this action is allowed to stand, any 
one aggreived may take an appeal from the action of the board of the 
Highland district. He would then have an apeal brought before the county 
superintendent from an action which he himself initiated. It might be fur- 
ther agreed that if the county superintendent has original jurisdicton, 
then this appeal can not lie, as an appeal can be taken only from the order 
of the board completing the action. The precedents established have been 
followed closely by this department and we can see no reason for breaking 
away from them. 

It is held that in cases requiring the concurrent action of two boards, 
the board completing the action can only concur or non-concur. Any action 
involving a new proposition initiates a new case, which must be passed 
upon by the other board concerned in the matter, and from which an 
appeal can be taken.' It is further held that the county superintendent 
upon appeal is limited to reversing or affirming the action of the board 
completing the action, and that he can not assume original jurisdiction 
and do what the board appealed from could not do. 

It seems apparent that Mr. Watkins has not reasonably good school 
facilities and we regret that we are compelled to set aside the decision of 
the county superintendent. He was actuated by laudable motives and was 
looking for the best interests of the chidlren in this case. We are, however, 
forced to the conclusion that the county superintendent erred in assuming 
original jurisdiction. ilEVERSED and Dismissed. 

HENRY SABIN, 

March IS, 1S90. Superintendent of Public Imtruction. 



RoBEET Maxwell v. District Township of Lincoln. 

Appeal from Union County. 

Peoceedings. The regularity of all the proceedings will be presumed upon. 
This is true in an eppecisil sense when the records are more than usually com- 
plete. 

Teacher. In the trial of a teacher the board is bound carefully to protect the 
interests of the district and to seek the welfare of the school, as •^§11 as tq 
regard the rights guarantee(J to the teacher. 

J^pTio?'., 4ppe?^ra^c§ ^\ tlie trtil Is ^ coiujpletg waiver of not^c^, , 



SCHOOL LAW DECISIONS 51 

Records. The record of the secretary must be considered as evidence, unless 
there is proof of fraud or falsehood. 

On the ninth day of December, 1889, the secretary, acting upon a peti- 
tion signed by five residents, called a meeting of the board for December 
14th, to examine the teacher of subdistrict number eight. A notice was 
also served upon the teacher the same date, signed by the secretary, both 
the call and the notice being spread upon the records in due form. The 
meeting was held on the fourteenth of December. The records show that 
the appellant was present and objected to the consideration of the charges, 
as the proceedings were not in accordance with section 1734. At the same 
time he demanded a copy of the charges and that one week be given him 
in which to prepare his defense, which demand was complied with and the 
board adjourned to December 21st. 

If the appellant had moved to dismiss the case it would not have been 
an error to sustain the motion, but he submitted to the jurisdiction of the 
board and obtained a continuance of the case until ©ecember 21st. It must 
be held that by this action he waived any defect or irregularity in the 
jurisdiction of the board in this case. The purpose and object of the 
process, as pointed out in section 1734, was fully accomplished. See Wilgus 
et al. V. Gettings et al., 19 Iowa, page 82. At the meeting held December 21st 
the board voted to discharge the teacher. An appeal was taken to the 
county superintendent who affirmed the board. The appellant appeals to 
the superintendent of public instruction. 

The only question before the county superintendent was whether the 
conditions as prescribed in section 1734 were fully complied with. It is 
alleged that while the teacher was present he was not allowed to make his 
defense. The secretary's transcript furnishes the only means of determin- 
ing this. The records show that he was allowed to cross-examine wit- 
nesses, and they do not show that he was barred from offering evidence had 
he chosen to do so. There can be no question of the power of the board 
ur.der the law to discharge the teacher. It is held in the ca=e of Kirkpatrick 
V. Independent District of Liherty, 53 Iowa, 585, that the board does not act 
as a court, in any strict sense, and is not bound by the rules applicable to a 
court. The intent of the statute is evidently, while it guards carefully the 
rights of the teacher, to enable the board to discharge a teacher who, after 
a careful investigation, is determined to be unfit for the position. It is 
termed "a simple and inexpensive way of determining rights." It is 
cla.'med by the counsel for the appellant that when a certain mode is pre- 
scribed in determining a case not in the usual course of the common law, 
such mode must be followed, and reference is made to the case of 
Cooper V. Sunderland, 3 Iowa, 125. But it is held in the same case that when 
sufficient appears on the face of the records to give it jurisdiction under the 
law conferring the power, then the presumption attaches in favor of the 
remainder of the proceedings of the court. If the action of the appellant 
in appearing for trial gave the board jurisdiction, then all the proceedings 
must be held to be regular. The discharge of a teacher is largely within 
the discretionary power of the board. It is to guard the rights of the dis- 
trict and the interests of the scho'ol, as well as the rights of the teacher. 
After a full and fair investigation it is its duty to act as it deems best, 
under all the conditions and. pircun^stances of ti^e, C4se, See Smith v. 



52 SCHOOL LAW DECISIONS 

Township of Knox, 42 Iowa, 522. This being the case, it is the duty of the 
county superintendent not to interfere with the action of the board unless 
he is convinced that it in some way abused its discretion. He is right in 
sustaining the board, even though as an indivdual he would have preferred 
some other action on its part. 

Our conclusion is, after a careful consideration of the matter and after 
reading the transcript with unusual care, that the defendant had a fair and 
impartial trial, and that the terms of the law were substantially complied 
with. The decision of thcj county superintendent is Affirmed. 

HENRY SABIN, 

June 12, 1890. Superintendent of PuMic Instruction. 



Michael Donelon v. Disteict Township of Kniest. 

Appeal from Carroll County. 

SuBDisTRicT Boundaries. The boundaries of subdistricts may be changed or 
new subdistricts formed only at the regular meeting of the board in Septem- 
ber, or at a special meeting held before the following March. 

On the twenty-fourth of March, 1890, the board made an order changing 
the boundary between subdistricts four and five. Michael Donelon, resid- 
ing upon the territory transferred, appealed to the county superintendent, 
who on the fourteenth of April affirmed the order of the board, and from his 
decision Mr. Donelon appeals. 

The action of the board called in question was taken under section 
1796, the first of which section reads: "The board of directors shall, at 
their regular meeting in September, or at any special meeting called there- 
after for that purpose, divide their township into subdistricts," etc. It 
has been continuously held by this department ever since the enactment 
of the provision of law quoted above, that as changes in the subdistrict 
boundaries under section 179 6 do not take effect until the following sub- 
district election, it is therefore the manifest intention of the law as indi- 
cated in the reading of the portion of section 1796 we have quoted, that said 
changes should be ordered at the regular meeting of the board in Sep- 
tember, or at a specially called meeting held long enough before the sub- 
district election to allow time for notices to be given for the election of 
subdirectors, and that the law does not give the board power to change 
subdistrict boundaries between March and September, but only between 
September and March. If this is the meaning of the law it is decisive of 
this case, and we shall be compelled to dismiss the case for want of juris- 
diction. 

A careful examination of the question leads us to the same conclu- 
sions uniformly announced by our predecessors. We are able in no other 
way to explain the wording of the section. It seems plain that the law in- 
tends to impose the limitation upon the board so clearly indicated by the 
phraseology of section 179 6. Attention is invited to the decisions found on 
pages 2 5, 2 6 and 63, School Law Decisions of 1876. It is also worthy of 
notice that this principle has been considered to be so fully established in 
practice and so well understood, that cases referring to the universally ad- 
mitted fact have been omitted from the three compilations of decisions 



SCHOOL LAW DECISIONS 53 

made since 1876. This case is the first appeal for many years past reviving 
the question. 

We are aware that the case in 70 Iowa, 33 8, may be urged as affording 
opportunity for a different view than the one taken by us. But it must 
be observed that the matter at issue in that case is whether the board has 
power to exercise its discretion in so full and complete a manner as to dis- 
pense entirely with a new subdistrict recently created by a former board, 
and thus by a single order opposite in intention to nullify all that had been 
done previously in regard to change of boundaries. It was urged that the 
board does not have such power after the subdstrict has acquired a legal 
existence. The effect of the decision is to establish the power of the board 
to exercise its fullest discretion in determining the necessity for change of 
boundaries, subject to the remedy of appeal. We can not interpret the decis- 
ion as setting aside that provision of 1796, which directs that such changes 
in boundaries shall be made at the regular meeting of the board in Sepn 
tember, or at a special meeting thereafter, obviously not to be held later 
than the first Monday in March. 

It is apparent then that the action of the board complained of in this 
case was not in accordance with law, and hence was null and void. It is 
fortunate that the board has an opportunity within a few weeks to take 
such action as may then seem to it for the best interests of the district and 
all concerned. Reversed and Dismissed. 

HENRY SABIN, 

August 23, 1890. Superintendent of Public Instruction. 



Elisha and Elda Tannee v. Independent District of Clarence. 

Appeal from Cedar County. 

Affidavit. A technical error in the affidavit not prejudicial to either party 
will not defeat the appeal. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any one interested. 

School Privileges. The law is to be construed in the interest of the child. 
The actual residence of the scholar at the time will establish the right to at- 
tend school free of tuition. 

The board excluded Elda Tanner from school until such time as her tui- 
tion is paid, on the ground that she is a non-resident pupil. The county 
superintendent, on appeal, reversed the action of the board and appeal was 
taken to the superintendent of public instruction. It was claimed before 
the county superintendent that inasmuch as the affidavit upon which the 
appeal was based was without the seal of the notary public, that there 
v/ere no grounds upon which the appeal could be legally based. While it 
is true that the notarial seal is necessary to constitute an affidavit, in this 
case the notary public was present at the tirp.e of trial and under oath 
testified that the omission of the seal was only an oversight on his part, 
and that the persons therein designated did make oath to the paper and 
affix their signatures to it in his presence, then he also there affixed 



54 SCHOOL LAW DECISIONS 

the notarial seal. It is held that since no interests were prejudiced by 
the error which at the best was only technical, the county superin- 
tendent did not commit an error in overruling the motion to dismiss the 
case. 

The allegations of facts made by Elda Tanner are that she is sixteen 
years of age, that her father and mother have parted, and that for ten 
years or more she made her home in the family of Mrs. McCartney in 
Massilon township. Before she came to Clarence she had an understanding 
with her father that she was to care for herself thereafter. She also claims 
that being thus emancipated from her father's control, she chose to be- 
come a resident of Clarence, and as an actual resident of that school dis- 
trict is entitled to the privileges of school under the provisions of sec- 
tion 1794. 

It is of interest to ascertain how far such an agreement constitutes eman- 
cipation of a minor child. It is held in 1 Iowa, 356, that in the absence 
of statutory requirements such emancipation need not be evidenced by any 
formal or record act, but may be proved like any other fact. The evi- 
dence of Elda Tanner in this case is corroborated by that of her father, 
and of Mrs. McCartney, who was present during the conversation. We are 
disposed to hold that Elda Tanner under the facts as sworn to before the 
county superintendent was at liberty to choose such a place of residence 
as seemed to her most fitting. The evident and beneficent intent of the 
law is that no child shall be deprived of school privileges. The father of a 
family may move into the district from an adjoining State, and although 
certain time must elapse before he is entitled to vote he may place his 
children in school the very day he arrives. In the same spirit it has been 
held that children living in families in which their work compensates for 
their board, are actual residents and are entitled to school privileges. 
The law is to be construed in their interests. The district is entitled to 
have such children enumerated, if they are thus actual residents at the time 
the school census is taken. We do not undertake to decide that parents 
or guardians can transfer children from one district to another for school 
purposes alone, but only that those who are actual residents under the pro- 
visions of the law may attend school without the payment of tuition. While 
it is true in general that the residence of a child is the same as that of the 
parents or guardian, the law evidently contemplates exceptions to this 
general rule and leaves the I'ight to attend school to be established by 
the actual residence of the child. Any other construction would not be 
in accordance with the spirit of the law, and would deprive many children 
of the right to attend the public schools. 

In this case the question of residence is largely one of intent. The 
testimony of Elda Tanner is to the effect that she was at the time of 
attendance an actual resident of Clarence, and had no other residence. It was 
competent for the board to disprove this, but we do not find the evidence to that 
effect conclusive. 

It is held that the board erred in excluding Elda Tanner from school 
and the decision of the county superintendent is Affirmed. 

HENRY SABIN, 

April 24, 1891. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS 55 

J. C. Reed et al. v. District Township of Eagle. 

ApTpeal from Sioux County. 

StfBDisTRiCTS. The board should be encouraged in forecasting a general plan 
looking toward an ultimate regularity in the form of subdistricts. 

SCHOOLHOUSE. There is no limitation in law as to the number of scholars 
to be accommodated, in order that the board may provide a schoolhouse. 

SuBDiSTEicTs. Should be, if possible, compact and regular In form. In well 
populated district townships two miles square is considered a desirable area 
for each subdistrict. 

Subdistricts. It is very important that subdistricts should be regular in 
form, and that where it is possible schoolhouses should be located at or near 
geographical centers. 

Boundaries. In the determination of district and subdistrict boundaries, tem- 
porary expenditures and individual convenience should be subordinated to the 
more Important considerations relating to simplicity of outline, compactness 
of shape, uniformity of size, and permanence of sites and boundaries. 

The above named district township coincides with a congressional town- 
ship and consists of a single subdistrict. Portions of the district are yet 
sparcely settled. The board seems to have projected a plan to so locate 
schoolhouses when they must be supplied, that ultimately the township 
shall have nine subdistricts, each of four sections. 

On the sixteenth of March the board ordered a schoolhouse built at the 
center of the square of four sections in the southeastern corner of the 
township. From this action J. C. Reed appealed to the county superintend- 
ent, who affirmed the order of the board. From this decision Mr. Reed 
appeals. 

It was urged before the county superintendent that the board was pre- 
vented by the law from building a schoolhouse for the accommodation of 
a less number than fifteen of school age. The question now to be deter- 
mined is whether the county superintendent erred In affirming the order 
of the board. 

The board 'seemed to have outlined a policy of regarding each four sec- 
tions as a separate division, to be provided with school advantages by Itself. 
So far as forecasting the probable form of subdistricts to be created In 
the future, we think the board might be guided in the location of school- 
houses at the present time by such policy. In order that ultimately each 
subdistrict will have the form desired and each schoolhouse will be located 
so as best to accommodate all patrons. 

But while matters are in this progressive condition, we think the law 
does not confer power upon the board to apply the limitations of section 
1725, and decide that until fifteen of school age are to be accommodated 
by the schoolhouse to be built no house can be erected. In this case for 
instance there Is but one single subdistrict. The board may create other 
subdistricts provided fifteen of school age are included within the bound- 
aries of each one so formed. But the board is not prevented from build- 
ing more than one schoolhouse in any subdistrict. See 69 Iowa, 533. In 
the absence of specific instructions in connection with the voting of the 



56 SCHOOL LAW DECISIONS 

taxes by the electors, the board is empowered to locate sites where in its 
judgment a schoolhouse seems to be most demanded. 

We are unable to find from the evidence any reason to disturb the finding 
of the county superintendent and his decision is therefor Affibmed. 

HENRY SABIN, 

July 3, 1891. Superintendent of Public Instruction. 



E. A. Sheafe v. Independent District of Centee. 

Appeal from Wapello County. 

Teacher. As an employe of the district the teacher may justly claim and ex- 
pect to receive the official assistance and advice of the board. 

Teacher. The law insures the teacher a fair and impartial trial before he 
may be discharged. 

The history of this case presents nothing unusual. The board voted to 
discharge the teacher upon certain preferred charges. The teacher ap- 
pealed to the superintendent, who reversed the action of the board. The 
board appeals. 

Section 1757 sets forth plainly the nature of the contract which is the 
evidence of agreement between the board acting for the district as one 
party, and the teacher as the other party. Section 1734 prescribes the only 
method by which the board may terminate the contract in advance or dis- 
charge the teacher. Both parties are equally bound by this contract, and 
as the board is a continuous body, the election of an entire new board does 
not change the relations of the contracting parties. But inasmuch as the 
directors also act as judges whose duty it is to decide whether the contract 
shall be terminated, being themselves parties to the contract, it becomes 
them to weigh the evidence in the case with the greatest care and to give 
the teacher the benefit of any reasonable doubt. In the present case the 
forms of the law were complied with, and the teacher was permitted to be 
present and make his defense. 

The transcript sent up by the county superintendent shows that one of 
the complaints upon which the teacher was tried was signed by Jacob 
Ream, who also is one of the directors and acted as one of the judges in 
the case. This is strong presumptive evidence of prejudice on the part of 
one of the judges at least, and this evidence is strengthened by the fact 
that Jacob Ream is the father of John Ream, whose punishment is made 
a matter of complaint. It is further strengthened by the fact brought out 
in evidence, that the present board was elected for the purpose and with 
the intent of displacing the teacher. The law is very careful to guard the 
rights of the teacher and to insure him a fair trial. That certainly can 
not be considered a fair trial in the eyes of the law, in which one of the 
judges who is to give his vote for acquittal or conviction is a complainant 
in the case and is as ready to pronounce the verdict before he hears the 
testimony as afterward. 

The board invited the teacher to resign at its first meeting, and upon 
his refusal it proceeded at once to take steps to discharge him. Under 
certain circumstances this might be right, ^hen necessary to relieve the 



SCHOOL LAW DECISIONS 57 

school from a teacher proved to be incompetent or immoral. But general 
dissatisfaction as alleged in the petition or the desire to hire a lady teacher 
for the summer term, or to lessen the expenses of the district, can not be 
held to form any reason for discharging the teacher. The alleged punish- 
ment of the two boys is not proved in either case to have been unreason- 
ably severe, to have been inflicted in passion, or to have resulted in any 
permanent injury. These punishments happened some weeks before and 
any complaint should have been made to the old board. 

It does not appear necessary to enter any further into the merits of this 
case. It is held that no error was committed in reversing the action of the 
board and the decision of the county superintendent is therefore 

Affiemed. 
HENRY SABIN, 

October 20, 1891. Superintendent of PuMic Instruction. 



C. A. Webster v. Independent District Number Seven. 

Appeal fromi Winneshiek County. 

Discretionary Acts. To warrant interference with a discretionary act, abuse 
of discretion must be proved beyond a reasonable doubt. 

Discretionary Acts. It is not the province of an appeal to discover and to 
correct a slight mistake. The board alone must bear any blame that may 
attach to a choice deemed by appellants somewhat undesirable, but not an un- 
wise selection to such a degree as to indicate an abuse of the discretion ordi- 
narily exercised. 

Discretionary Acts. In the absence of proof that the board has abused the 
authority given it by the law, its orders will not be set aside, although an- 
other decision might to many seem preferable. 

Jurisdiction. When its order is affirmed, the board is left free to take an- 
other action, if thought best. 

On the third day of October, 1891, the board relocated the schoolhouse 
site in independent district number seven. Burr Oak township. Appeal 
was taken to the county superintendent, who reversed the action of the 
board which ordered the house removed to the new location. From this 
decision John Knox, president of the board, appeals. 

The proceedings in this case are entirely regular. It is not claimed that 
there was any direct violation of law, nor that prejudice or improper mo- 
tives in the least influenced the action of the board. The very common 
complaint that the discretion vested in the board by the law had been 
abused was virtually the o;ily error urged. 

The only question for us to determine ia the single one as to whether 
the county superintendent was warranted in setting aside the order of the 
board. Unless the evidence clearly sustains his conclusions we shall be 
compelled to reverse his decision. But if the evidence shows plainy a gross 
abuse of discretion on the part of the board, then we must affirm. 

Where an abuse of the large discretion vested in the board is urged, 
to warrant interference by an appellate tribunal, such abuse must be proved 



58 SCHOOL LAW DECISIONS 

conclusively. The testimony must disclose so fully the nature of the un- 
warranted action as to leave no reasonable doubt. The acts of a board 
must be presumed to be correct, and they are entitled to the benefit of 
every doubt. Unless it is fully apparent that the discretionary power of 
the board has been abused to such an extent as to render interference 
necessary, it is the duty of the county superintendent to allow the act of the 
board to stand, although he may differ from the board very strongly as 
to the desirability of the order in question. In this connection, attention is 
called to appeal decisions found on pages 35, 82, 90, 100 and 135, School 
Law Decisions of 1888. 

In this case while the testimony shows that the removal of the site se- 
lected will bring the schoolhouse quite a distance south of the center of 
the district, it is not in evidence that a suitable site might have been found 
nearer the center. It must be presumed that the board carefully weighed 
all the reasons in favor of and against the site chosen, and also that it 
endeavored to find the best site. The evidence is by no means conclusive 
that it did not select the best site obtainable. If in the opinion of the 
people an error has been made, it rests with the electors to choose a board 
favoring another location. 

It is with reluctance that we reverse the decision of the county super- 
intendent. There can be no question that he intended to seek substantial 
justice for the people of the district. This decision does not prevent the 
board, if thought desirable to do so, from reconsidering the action by which 
the new site was chosen and selecting a different site. But we can not 
find that the evidence supports the county superintendent in overruling the 
order made by the board and his decision is therefore Reversed. 

J. B. KNOEPFLER, 

February 26, 1892. Superintendent of Public Instruction. 



R. G. W. FoRSYTHE v. Independent District of Kirkville. 

Appeal from Wapello County. 

Appeal. Where the changes are effected in district boundaries by the con- 
current action of two boards, appeal may be taken from the order of the 
board concurring or refusing to concur, but not from the order of the board 
taking action first. 

Territory. All territory must be contiguous to the district to which it be- 
longs. 

Jurisdiction. In change of boundaries by two boards, an appellate tribunal 
acquires only the same power possessed by the board from whose action appeal 
is taken, and may do no more than affirm the order, or to reverse and do what 
the board refused to do. 

Petition. A petition may be used to bring to the attention of the board the 
kind of action desired by the petitioners, but a board may act with equal 
directness without such request. 

The board of the above named district refused to concur in the action 
of the board of the district township of Richland, offering to transfer certain 



SCHOOL LAW DECISIONS 59 

territory to the independent district. Mr. Forsythe, desiring the transfer, 
appealed to the county superintendent, who reversed the action of the board 
' and ordered the transfer of the territory under consideration by the two 
boards, with the exception of the northwest quarter of the southwest quarter 
of section eighteen, which the county superintendent directed should re- 
main a part of the district township of Richland, and also ordered the 
transfer of the northwest quarter of section eighteen, which would other- 
wise be cut off from the district township to which it belongs. From this 
decision L. Jones, president of the board of the independent district of 
Kirkville, appeals. 

This case turns on the power of the county superintendent to modify 
the order appealed from in the manner done by him. It is true that even 
if the board of the independent district of Kirkville had concurred in the 
transfer of the territory released by the other board, such order would not 
have been in conformity with the spirit of the law, because forty acres 
would then be left belonging to the district township of Richland and not 
contiguous to the remainder of the district. The county superintendent 
was led to conclude that the forty acres in question should be transferred, 
if any change of boundaries was made. But could the county superin- 
tendent so determine In this appeal? We think not. The board of the 
independent district might concur or refuse to concur. They might refuse 
to concur, and initiate a new proposition which the board of the district 
township could act upon, when appeal would then lie from the last action. 
But an attempt to change the order originally made would render it neces- 
sary to have such new action considered by the other board, before be- 
coming effective, or even in order that the action could be brought within 
the power of the county superintendent to consider on appeal. For in a 
case of this kind no matter can come into the case on appeal, unless the 
second board, the one last acting, concurs or refuses to concur in the order 
initiated or proposed by the board first taking action. 

It follows then that the county superintendent having only appellate 
jurisdiction, could not assume original jurisdiction and do what the board 
from whose action the appeal was taken could not have done. Therefore 
we are compelled to hold that the county superintendent did not have the 
power to decide that the northwest quarter of the northwest quarter of 
section eighteen should be transferred. 

A careful investigation of the transcript leads us to believe that per- 
haps such a change of the boundaries as would transfer the residence of 
Mr. Forsythe to the independent district, might be desirable. Of course 
such transfer would include entire forties of land, and no territory could 
be separated from the district to which it should belong. Whether any 
change is best, must be determined by the boards interested, the action of 
the board last acting being subject to con-ection on appeal. In order that 
the matter may come again without prejudice to the attention of the 
boards, the decision of the county superintendent is reversed and the case 
remanded to him to be reopened and heard again. We think he will be 
compelled by necessity to affirm the decision of the board of the inde- 
pendent district of Kirkville, in refusing to concur in the transfer proposed 
by the district township. This will leave all matters as nearly as possible 
in the same condition they were before any action was taken. It will then 
be in order for either board at any time to initiate such a change of bound- 



60 SCHOOL LAW DECISIONS 

aries as may seem demanded. There is no absolute necessity for a petition 
or request. A petition may be used to bring to the attention of the board 
the kind of action desired by the petitioners, but a board may act witii 
equal directness without such request. Reversed and Remanded. 

J. B. KNOEPFLER, 
April 6, 1892. Superintendent of Public Instruction. 



J. A. Claxton v. Independent District of Holmes. 

Appeal from Fayette County. 

ScHOOLHOUSE SiTE. The necessities of the present must be observed in locat- 
ing schoolhousG sites, in preference to the probabilities of the future. 

ScHOOLHousE SiTE. The prospective wants of the district may properly have 
weight in determining the selection of a site, when such selection becomes 
necessary, but not in securing the removal of a schoolhouse now conveniently 
located. 

On the twenty-first of March last, the board, by two affirmative votes 
to one negative, relocated the scchoolhouse site at a point eighty rods 
west of the present site. Prom this action J. A. Claxton appealed. The 
county superintendent reversed. D. S. Thompson now appeals to this 
department. 

The proceedings in this case appear to be entirely regular. There was 
no violation of law. Appellant does not allege malice or prejudice. 
Therefore abuse of discretion was the only point to be considered by the 
county superintendent. He decided, after a full hearing of the case, that 
there had been abuse of discretion sufficient to warrant him in reversing 
the board's order. It is for us to review the testimony on which he made 
this decision, and the argument offered in the appeal before this tribunal. 

In cases such as the present, the question for an appellant tribunal to 
determine is not which of the two sites is the better but whether the site 
selected is under existing and prospective conditions of the district, at all 
fit and suitable for a schoolhouse site, as well as fair to the patrons. And 
to determine this, various factors must be taken into consideration. There 
should be unusually strong reasons for abandoning a site provided with 
a good well, especially if the new site is on lower ground as in the present 
case, where good water may not be procurable. Trivial differences in 
distance should not usually be allowed to lose to a district the value of 
shade trees already well advanced. Wells and trees cannot be removed, 
and with the latter, it not only makes expense, but requires years to re- 
place them. However, in all this, and in the doubt that is raised whether 
the new site is a fit one at all on account of being low and wet, we are dis- 
posed to give the board the benefit of the doubt. 

Counsel for appellant states that the little village of Donnan, in the 
northwestern part of the district, is certain to grow considerably in the 
near future because of being at the junction of two railroads, and that 
therefore it should have better school facilities than are afforded by the old 
site. Taking the premises in this reasoning as correct the conclusion is 
sound, only that it does not go far enough. Donnan village would demand 



SCHOOL LAW DECISIONS 61 

better school facilities than even the new site would afford. It would 
ask to be set off in an independent district and have its own local school, 
taking with it more or less of territory off the west side of the Holmes 
district. This would leave the schoolhouse on the new site considerably 
too far west of the geographical center and center of population of the 
district as it would then be left, especially so since many of the residents 
in the eastern half live in the extreme eastern limits of the district. 

Therefore, taking all tnese things into consideration, while fully real- 
izing how reluctant this department has always been to interfere with the 
discretionary acts of a board, we think it will be better for the school- 
house to remain on the old site for the present. When a north and south 
highway shall have been actually constructed and its location thus made 
certain, and when the necessities of the northwestern portion of the dis- 
trict shall be more definitely understood, it will be easier to determine the 
needs of the district, and choose a site that shall be permanent, if removed 
from the present site. The board may then, if it sees fit, take action again 
on the question of relocation. The decision of the county superintendent 
is hereby Affirmed. 

J. B. KNOEPPLBR, 

November 23, 1892. Superintendent of Picblic Instruction. 



Ole Thompson et al. v. District Township of Belmond. 

Appeal from Wright Coimty. 

Testimony. Opinions unsupported by facts do not become satisfactory evi- 
dence. 

Discretionary Acts. The order complained of is reviewed not to discover the 
desirability of the action, but to determine whether sound reason and wise 
discretion were followed. 

Discretionary Acts. The fact that some other action would have been desir- 
able or preferable does not establish that the board abused its discretion. 

Board of Directors. Its action is presumed to be correct and for the interest 
of the district, until proved to be otherwise. 

Discretionary Acts. In the determination of appeals, the weight which prop- 
erly attached to the discretionary actions of a tribunal vested with original 
jurisdiction should not be overlooked. 

This case comes before the superintendent of public instruction on ap- 
peal taken by John L. McAlpine from the decision of the county superintend- 
ent reversing the action of the board in refusing to create certain ad- 
ditional subdistricts as prayed for in a petition. 

The point at issue is a simple one, being merely a question of discretion 
on the part of the board as to whether it was best to take or not to take 
a certain action. The decision of the county superintendent compels the 
board to do what it did not deem wise or necessary. Doubtless there are 
Instances when such a ruling on the part of the appellant tribunal is 
needed. But does the evidence warrant such a decision in the present case? 



62 SCHOOL LAW DECISIONS 

The affidavit bringing the case before the county superintendent does not 
allege violation of law, or prejudice. Neither does such appear in the 
testimony. The law gives boards very wide latitude in the exercise of 
their discretionary powers. Not Infrequently cases arise in which an ap- 
pellate tribunal would sustain their discretionary action whether they 
granted or refused to grant a given petition, there being no manifest abuse 
of such discretion in either action. In any event, the action of a board is 
presumed to be correct and for the interest of the district until proved to 
be otherwise. Mere opinions of witnesses that a different action would have 
been preferable can not be accepted as evidence. Statements of facts and 
existing conditions must be given. Even then the fact that some other ac- 
tion would have been desirable or preferable does not establish that the 
board abused its discretion. It must be shown that the action complained 
of is an injury to the district or does gross and needless injustice to the 
patrons thereof. The decisions in this line by our predecessors are nu- 
merous and pointed, nnd we fully concur in the position taken. 

In the present case the evidence does not show that any one is made 
to suffer injustice by the board's action. Ample provision has been made to 
accommodate all of the pupils of the territory in question with school 
privileges. If is not in evidence that the formation of three subdistricts 
out of the one would improve these facilities, since the subdistrict now has 
three schoolhouses located for the convenience of the respective portions 
of said subdistrict. 

For the county superintendent, or the state superintendent, to render a 
decision invariably as he would have voted had he been a member of the 
board, is not what the law intends when clothing these officers with au- 
thority to try and decide appeals. Malice, prejudice, violation of law, is 
the board guilty of any of these? Or has it gone beyond sound reason 
and wise discretion in taking or refusing to take a given action? These 
are the questions for both tribunals to inquire into. 

While we believe the county superintendent endeavored conscientiously 
to hear and decide the present case fairly, yet in the light of the foregoing 
reasoning we do not find that the evidence discloses grounds sufficient for 
refusing to affirm the board, and the decision of the superintendent is 
therefore Reversed. 

J. B. KNOEPFLBR, 

March 11, 1893. Superintendent of Public Instruction. 



J. O. Seveeeid and John Stenberg v. Ind. District of Fieldberg. 

Appeal from Story County. 

School Privileges. Are not guaranteed children elsewhere than in the dis- 
trict of their residence. 

School Privileges. To the fullest extent possible, the board should equalize 
the distance to be traveled to school. 

ScHOoii Privileges. Attendance In another district depends upon the board 
oH tU^t district, |i,i^d m\\^\ \1^QTQtQV% toe re§ar4ed as a contingency. 



SCHOOL LAW DECISIONS 63 ■ 

The transcript in this case shows that on March 20, 1893, the board in 
answer to a petition relocated the school site and made an order to move 
the schoolhouse on the site selected, the latter being more than three- 
fourths of a mile north of the present site. John O. Severeid and John 
Stenberg appealed to the county superintendent who affirmed the order of 
the board. The same parties now appeal to the superintendent of public 
instruction. The essence of affidavit filed by appellants is abuse of dis- 
cretion by the board because several families will be compelled to go two miles 
or more to reach the schoolhouse on the new site. 

The district consists of four sections in the southwest corner of Palestine 
township. The schoolhouse as now located is in the geographical center of the 
district and within a distance of one and three-fourths miles from the most 
remote patrons. In the northern part of the district, in fact on the extreme 
northern boundary, lies the village of Huxley. It is in the edge of this village, 
and therefore almost in the limits of the district, that the new site has been 
selected. Two of the directors residing in said village and being the two who 
voted for the new location. The district has a school enumerating sixty-eight, 
of whom about forty live in Huxley. Theso pupils have beeii soing to the cen- 
ter of the district, where the schoolhouse now is, a fraction over one and one- 
fourth miles. For the better accommodation of these pupils the removal was 
ordered. While some attempt is made to show that the site chosen is unfit, 
that the cost of moving will be excessive, and that there was undue prejudice, 
we do not find that any of these charges are sustained. We may therefore con- 
sider merely the element of distance to the new site. It is in evidence that 
some of the school patrons will have to travel two and one-fourth miles to reach 
the new site, while there are five families with nine children whose distance will 
be over two miles, also that about twenty-nine children at present will be un- 
favorably affected and about thirty-seven favorably. While the new site will 
accommodate a majority of the pupils, still it is ccnsideraoly north of the 
center of population. The board and the petitioners seemed to realize clearly 
that the contemplated site would leave several families at a great disadvantage 
as to school privileges, since they state that these families can be accommodated 
in other districts. They realized that an injustice would be done if these fami- 
lies should be compelled to travel to the new site for school conveniences. But 
there is nothing offered in evidence to show how said patrons can be accommo- 
dated elsewhere. It is not shown that they will be as near even another school 
as to their own, provided they might attend such a school. For aught that ap- 
pears in the evidence, they may be three or mere miles from any other school. 
Even if there be one nearer, there is no positive evidence that the board has 
made arrangements for the schooling of said pupils in another school, or even 
that it can make such arrangements. Witnesses say that they think said pupils 
could attend in some other district, but this belief merely can not be received 
as satisfactory evidence on this point. What are the probabilities that such 
provisions can be made for the children of the five families under consideration? 
'j.he territory on which these families reside can not be set off to another dis- 
trict for the reason that territory can not be detached to districts in a different 
township, as would be necessary in this case. Neither is it legal to reduce in- 
dependent districts to less than four sections except in special cases. See chap- 
ter 133, laws of 1878, ^^ amended by chapt,ey 131, l^ws of :j.880, page §4, S. L. 
1892. 



64 SCHOOL LAW DECISIONS 

The board is not sure of securing school privileges for said pupils elsewhere 
without such transfer of territory, because it will require the concurrence of 
another board which may absolutely refuse. In any event the board of Field- 
berg independent district is not able to guarantee school privileges to these 
families elsewhere than in their own district, since the matter does not rest 
wholly in its own power. While the law does not, as many suppose, prescribe 
a maximum distance for school travel, yet by permitting provisions to be made 
under given conditions for children to attend other schools than their own 
when they live more than one and one-half miles from the latter, it is evident 
that the legislature regarded this distance about as far as a child should travel 
to reach school. 

It is the duty of the board to furnish reasonable facilities in its own district 
for all the children thereof. Even a minority of only five families has rights 
and claims which may not be ignored. To give a majority of the district lo- 
cated in a village convenient school privileges by practically cutting off others 
entirely from any privileges of education, we believe after long and careful 
study to be an abuse of discretion sufficient to warrant reversing a board taking 
such action. The distance these families will be compelled to travel to school 
will be such as largely to deprive them of their just right&i In the matter of 
enjoying school accommodations. 

We are aware that this department has ever stood for sustaining the dis- 
cretionary acts of a board. In this case, however, we believe that abuse of 
discretion has been fairly proven by the appellants. Doubtless the board had 
not fully considered the fact that rights of appellants could not ba so ignored 
in the effort to improve the school conveniences of other parts of the district, 
or did not consider that providing school privileges for appellants in some 
other district is hedged about with such complications and uncertainties. The. 
case is different from what it would be had theirs been a district township in- 
stead of an independent district. In the former case the matter would be much 
more in its own hands. It could rearrange boundaries to accommodate those 
at too great a distance from the new site, a matter which the board in the 
present case can not do. If it was satisfactorily established that said families 
had been or could and would be permanently provided with better school facili- 
ties elsewhere, such accommodations being annually dependent upon conditions 
in the district in which they might desire to attend, especially in the disposi- 
tion of each new board, it would have been a comparatively clear case for 
affirming the action of both board and county superintendent. Because the 
distance of five families is to our mind needlessly increased and their school 
privileges nearly cut off, and because there is no proof that another school is 
nearer, with provision that they could attend such school, if there is one, and 
it seeming quite doubtful whether such provision can be made at all, we feel 
that the interests of said families should be protected. We have no reason to 
question the intentions of any parties connected herewith. We simply state 
that in our opinion the board did not consider the difficulties in the matter of 
providing school facilities for the five most distant families. 

The decision of the superintendent is Reversed. 

J. B. KNOEPPLER, 

August 14. 1893. Superintendent of Puhlic Instruction. 



SCHOOL LAW DECISIONS 65 

Bbadfokd Ingkaham v. District Township of Habtfobd. 
Appeal from Iowa County. 

ScHOOLHOusE SiTE. It is not the province of an appeal to determine which of 
two sites is the better. 

Testimony. If selfish or other improper motives are complained of, the testi- 
mony must show such facts conclusively. 

The history of this case is brief. March 20, 1893, the new township board 
having then just organized, on motion appointed a committee of three to re- 
locate the site of schoolhouse in subdistrict number eight, said site to be near 
the geographical center of said subdistrict. On the twentieth of May, at a 
special called meeting, it was moved to reconsider the motion to relocate the 
schoolhouse in subdistrict number eight, which motion was carried. By an- 
other motion the committee appointed at the former meeting was discharged. 
It is from this action of the board on May 2§th that Bradford Ingraham ap- 
pealed to the county superintendent, and from the latter's decision affirming 
the action of the board to the superintendent of public instruction. 

In his afiidavit, Mr. Ingraham alleges that the board was influenced by 
selfish motives and further alleges in effect that the board abused its discre- 
tionary powers. The abuse of discretion, if such it is, consisted in the un- 
equal distance of travel from the different parts of the subdistrict to the school- 
house. A careful reading of the case as filed in the transcript fails to disclose 
any selfish or improper motives on the part of the board, and we dismiss this 
charge without further comment. 

Counsel for appellant discusses at some length the effect of a vote to recon- 
sider, and then not reconsidering, not voting on the former motion. It is 
claimed that the board merely voted to reconsider former motion to relocate, 
and that no further action being then taken, the motion to relocate remained 
before the board until it should be acted upon one way or the other, or that 
not being taken up within a month, it was terminated, leaving the previous 
action thereon in force. Counsel for appellees claims if the first be true, then 
the case should have been dismissed, as no action had been taken from which 
to appeal. 

Technically the vote to reconsider the former motion placed said motion 
before the board again, as if it had not been voted on, and left it ready for 
debate and adoption or rejection. But it is clear that the board intended to 
rescind its former action and evidently understood the word reconsider in the 
sense of rescinding. It is quite a common misapplication of the word. That 
this was the intention is the more conclusive when we note the subsequent vote 
of the board in discharging its committee. 

In providing for appeals before the county and state superintendent, it was 
the manifest purpose of the lawmakers to afford a speedy, inexpensive remedy, 
stripped of undue technicalities, for certain classes of grievance. Holding this 
view, we must recognize the intent of the board, rather than what it did under 
a technical construction of language. Apparently the board itself made the 
relocation, and appointed a committee chiefly to arrange the details and see 
to the removal of the schoolhouse. At the May meeting no action was taken 
by the board on the report or statement made by the committee. The resolu- 
tion of the board at the March meeting located the site about eighty rods east 
5 



66 SCHOOL LAW DECISIONS 

of the old site. The rescinding of this amounted to a new location or to un- 
doing the former action, a thing they clearly had a right to do. Members of 
the board had changed their views. 

No evidence is introduced to show that either site is in itself unsuitable. 
It is merely a question of distance. It is a 'question of moving the schoolhouse 
away from some and nearer to others. Neither site would seriously discom- 
mode any one according to the plat sent up with the transcript. It is in evi- 
dence that only one more pupil would be better accommodated at the new site 
than at the old. It is not the province of this department, nor of the county 
superintendent, to determine which of the two sites is the better. An appel- 
late tribunal in such cases may determine only whether the board has chosen 
a grossly unsuitable or unjust and unfair site. If so, the board should be 
reversed. If not, it should be sustained, even though a better site could be 
found. 

In the present instance no gross injustice is done, no manifest error com- 
mitted. In fact, both sites are good, and we should be compelled to sustain 
the board on appeal in the selection of either the present or new site. We 
hold that the county superintendent committed no error in affirming the action 
of the board when it practically rescinded its former motion for relocation and 
chose to keep the old site. His decision is therefore Affibmed. 

J. B. KNOBPFLER, 
December 21, 1893. Superintendent of Public Instruction. 



W. S. Kenworthy et al. v. Independent District of Oskaloosa. 

Appeal from MahasTca County. 

Discretionary Acts. The order of a board should be reversed only upon the 
plain showing that the law has been violated or discretion grossly abused. 

Board of Directors. Has full power to provide and enforce a course of study. 

RnxES AND Regulations. The burden of proof is with the appellant to show 
that a rule is unreasonable. 

The history of the case is this. The board has a regulation that all pupils 
shall provide themselves with text-books suitable to their grade, and that fail- 
ing to do this they shall be suspended until they comply with the rule. 

The children of the appellants were under this rule suspended from school 
for not being provided with the music books in use in said schools. The par- 
ents appealed from the rulinjr of the board to the county superintendent, who 
reversed the action of the board, and the board appeals. 

It is an established rule that the action of a school board should be reversed 
only upon the showing that it has abused its discretion or violated the law. 
In this case the county superintendent avers that it violated the law in that 
it did not advertise for bids as required by section 5 of chapter 24, Laws of 
1890, before the music books were adopted. 

There is nothing in the transcript to show that it was acting under the 
provisions of this chapter, which it could not do unless so instructed by the 
electors of the district. See section 12 of said chapter. So much of the 
county superintendent's decision as refers to this may then be dismissed from 
the case. 



SCHOOL LAW DECISIONS 67 

It is further claimed that it abused its discretion by adopting an unreason- 
able rule. This is the real question at issue. 

"With their power to establish and maintain graded schools, all boards are 
invested with the authority to prescribe a course of study in the different 
branches to be taught. It is not our province to determine what the courts 
might hold in this case. They have held that in case a pupil refuses to con- 
form to a course of study as prescribed by the board the proper remedy is su?- 
pension, and not corporal punishment. See 50 Iowa,, 145. They have also held 
that a rule suspending a pupil for a certain number of absences or tardiness 
is reasonable, and may be enforced. See 31 Iowa, 562. It is true that they 
also have held that a pupil may be suspended only for stress immorality or 
persistent violation of reasonable rules. See 56 Iowa, 476. 

In this case it is nowhere shown that the children would in any way be 
injured by the study of music, or that their health or well being demanded 
that they should be excused from the study in question. 

There is fair ground for considering the refusal to purchase the books as a 
failure to comply with a reasonable regulation of the board. The rule of the 
board was made so as to bear with equal force upon all the pupils in the 
school. And in order to make it as little oppressive as possible it offered the 
books at the least expense possible, and that none might be deprived of the 
benefits of the study the board authorized the teachers to loan the text-book 
in music without charge to children whose parents were in indigent circum- 
stances. 

The law has invested boards with very large discretionary powers, under 
which they may grade the schools and establish such regulations as may seem 
to them best for the interest of the entire school. The burden of proof in this 
case was with the appellants to show that the rule is unreasonable, or th?,t in 
obeying it their children would suffer some hardship. This we think they 
have failed to do, and the de;?ision of the county superintendent is therefore 

Reversed. 
HENRY SABIN, 

February 12, 1894. Superintendent of Public Instruction. 



Ella Bekson and Belle Robektson v. Dist. Twp. of Silver Lake. 

Appeal from Dickinson County. 

Contract. It is the province of the courts of law to decide as to the validity 
of a contract. 

County Superintendent. Does not have the power to interpret the legal value 
of a contract. 

This case turns upon the construction to be given to a contract. The valid- 
ity of thp contracts in the sense claimed by the appellants is questioned and 
denied by the board. The teachers assert that said contracts are of full force 
for the nine school months named in the contracts, and the board contends that 
no authority Y/as granted by it to any one to contract for more than six months, 
and that therefore the contracts can have no force beyond the term of six 
months. It is the province of the courts of law to decide as to the validity. of 



68 SCHOOL LAW DECISIONS 

a contract. In the trial of an appeal as soon as it becomes clearly apparent 
that the principal issue is of a kind intended by our statutes to be heard and 
determined only by the courts of law, the appeal should be dismissed. As the 
real matter to be decided in this case is what the contracts actually are and 
what force must be given to their essential conditions, it follows that the 
county superintendent did not err in dismissing the appeal for want of juris- 
diction. 

This case is not parallel with Eirkpatrick v. The Independent District, etc., 
53 Iowa, 585, in which it is held that the remedy of a teacher wrongfully dis- 
charged is appeal, and not an action at once in the courts to recover compen- 
sation. In the present case the board did not make an order discharging these 
two teachers, but it is clearly apparent that the county superintendent could 
not review that order of the board without proceeding upon the assumption 
that the contracts had force and validity, and he did not have the power to 
interpret the legal value of the contract. We are compelled to find that the 
only remedy of the appellants is an action in a court of law. The decision of 
the county superintendent is affirmed and the case Dismissed. 

HENRY SABIN, 

August 11, 1894. Superintendent of Public Instruction. 



Samuel Fallon v. Independent District of Foet Dodge. 

Appeal from Webster County. 

Attendance. An actual resident may not be denied equal school advantages 
with other residents. 

Board of Directors. May adopt its own course to decide the question of act- 
ual residence. 

Tuition. Failing to substantiate a claim to residence, a non-resident may at- 
tend school only upon such terms as the board deems just and equitable. 

In this case the two sons of the appellant, aged nineteen and sixteen years, 
were refused admission to the f:chools unless they would pay tuition. They 
claimed to be residents of the district and that they were entitled to the same 
privileges as otner residents. Being denied admission they appealed to the 
county superintendent, who affirmed the order of the board. 

The entire case turns upon the fact of the residence of the children. If a 
board concludes that a child is an actual resident, it can not deny him equal 
school advantages with other residents. But if it can not be satisfied that an 
applicant is an actual resident, then it is its duty to make the same require- 
ments that are demanded of other scholars who may be sojourning temporarily 
in the district. 

It will be of interest to inquire as to who may decide definitely the question 
ef residence, and as to the manner in which the matter should be considered. 
In view of the fact that the matter has given a great deal of trouble in a 
number of districts, this department has had occasion frequently to submit 
questions involving some phases of the subject to the attorney-general for hia 
official opinion. In one of these opinions he uses the following language, 
which we think is quite applicable in this present case: 



SCHOOL LAW DECISIONS 69 

"It may be said that it is nowliere provided in the law what course the 
board of directors shall pursue in determining whether a pupil is a resident 
of the district, nor is the board directed as to the kind of evidence that shall 
be produced, nor as to the manner of producing it in determining such ques- 
tion. In the absence of such a provision directing the board as to its course 
of proceeding in such cases I think that body may adopt any course it sees fit, 
and take any kind of evidence it chooses in deciding this question of resi- 
dence. I think it may make such decision from its own knowledge of facts; 
from the observations of the members; from the statements, sworn or unsworn, 
of parties who have knowledge of the facts, or from any other fair and im- 
partial method of obtaining information bearing upon the point at issue. I do 
not think the board has power to compel the attendance of witnesses, or to 
administer oaths to them; but in gathering its information and in deciding 
the question it must act in entire good faith and with a view to getting the 
exact truth and making its decision according to the very right of the matter." 

It is in evidence that the board in this case acted with deliberation, and it 
is not claimed that it failed to receive any testimony or statements that would 
tend to make a final determination of the matter by it any more clear or 
conclusive. In reviewing its decision on appeal the county superintendent 
was unable to find that it had abused its discretion, had acted without the 
fullest information within its reach, or had arrived at any other than an 
equitable conclusion. 

This department has continuously held, in interpreting section 1794, that 
the board is to be satisfied that the residence of the scholar is actual. The 
burden of proof rests upon the child who has recently come Into the district, 
to establish the fact of residence, before he can be admitted to school privileges 
free of tuition. Failing to convince the board and to substantiate his claim 
of residence he can attend only upon such terms as the board may deem just 
and equitable. 

In this case we do not find that the county superintendent erred in affirm- 
ing the order of the board requiring the children of Mr. Fallon to pay tuition 
as an essential condition to attendance. His decision is therefore 

Affirmed. 
HENRY SABIN, 
September 1, 1894. Superintendent of Public Instruction. 



G. O. ROGNESS V. DiSTEICT TOWNSHIP OF GlENWOOD. 

Appeal from WinnesMeTc County. 

Appeal. Will lie from an action of the board which is made a matter of record. 

Appeal. May be taken from the action of the board in laying the subject- 
matter of a petition on the table. 

It appears that at a meeting of the board, held September 17, 1894, George 
O. Rogness presented a petition asking that the board redistrict said township, 
and also that an extra school be kept for four months in a certain school build- 
ing, situated on the farm of E. Bolson. By vote of the board said petition was 
laid on the table. An appeal was taken to the county superintendent, who 



70 SCHOOL LAW DECISIONS 

dismissed tlie same on the ground that no action was taken hy the hoard 
which could furnish the basis of an appeal. The case comes now on appeal be- 
fore the superintendent of public instruction. 

The only point to be decided is whether an appeal may be taken from a 
vote to lay on the table. The words of the law in sectipn 1829 are that any 
person aggrieved by any order or decision of the board may appeal. The tran- 
script sent up by the secretary in this case reads: "Moved and carried that the 
bill (petition) of G. Rogness be laid on the table." It must be held that this 
constitutes an action on the part of the board. The motion to lay on the table 
was made, was voted upon, was declared carried, and is so recorded upon the 
secretary's book. The above conclusion is in accord with the unvarying opinion 
of this department for a long number of years. 

It is to be noted that in the case cited by counsel for the side of the dis- 
trict, in 71 Iowa, page 634, the supreme court does not attempt to decide what 
constitutes an action. It refers to cases in which the board purposely intend, 
by neglect or refusal, to avoid taking an action or making an order or decision. 
In the case we are now deciding the board made an order, which the-^ secretary 
recorded in the minutes, "that the petition be laid upon the table." The de- 
cision of Superintendent Abernethy (see S. L. Dec. 1892, page 62), that the 
motion to lay on the table "furnishes a convenient method of disposing of the 
matter," appears to be to the point. The right of the board to make such a 
disposition of a case can not be questioned, but it must be regarded as an action 
subject, like any other action, to appeal. 

After studying up carefully the precedents as established by the rulings of 
this department, and reading with equal care the cases cited by counsel, we 
can arrive at no other conclusion. The case is reversed, with the suggestion 
to the superintendent that he remand the case, in order that the board may 
take such further action as may seem fair and just to all concerned. 

Reversed. 
HENRY SARIN, 

January 11, 1895. Superintendent of Puilic Instruction. 



Maey Grey v. Independent District of Boyle. 

Appeal from Iowa County. 

Board of Directors. In locating a site the board acts wisely in taking into 
consideration the pi-evailing sentiment of the people. 

County Superintendent. Should reverse the action of the board only upon 
the clearest and most explicit proof of abuse of discretion. 

The history of this case is not different from that of many others. The 
schoolhouse of the district is unfit for use, and the electors voted bonds to 
build a new one. By a vote very nearly unanimous they directed the board to 
locate the new house en a site 160 rods east of the present site. While we do 
not hold that this vote was binding upon the board, it showed at least the pre- 
vailing sentiment of the district, and the board acted wisely in taking it into 
consideration in selecting a new location. See also case on page 75, S. L. Dec. 
1892. 



SCHOOL LAW DECISIONS 71 

As it was not able to purchase a site desired by the electors, the board 
chose one 30 rods farther west. From this action Mrs. Mary Grey appealed. 
The county superintendent reversed the order of the board, and appeal is taken 
to the superintendent of public instruction. The transcript as sent up with the 
case reveals no new point of law to be considered. The proceedings of the 
board were regular and in accordance with the law. The evidence nowhere 
shows any passion, prejudice, or malice on the part of the board. The responsi- 
bility of selecting the site rests with the board, that body having original juris- 
diction. See also case on page 138, S. L. Dec. 1892. The county superintendent 
having only appellate jurisdiction, should reverse its action only upon the 
clearest and most explicit proof of abuse of discretion. Reference is here made 
to the case of Edwards v. Dist. Twp. of West Point, page 22, S. L. Dec. 1892, 
as presenting a very conclusive discussion of the principles involved. 

While we always regret to be compelled to disturb the decision of a county 
superintendent, and concede that in this particular case the county superin- 
tended was actuated only by the best motives, we can not find any such satis- 
factory proof that the board erred as would warrant the county superintendent 
in reversing its action. The decision of the county superintendent is 

Reversed. 
HENRY SABIN, 

August 26, 1895. Superintendent of PiiDlic Instruction. 



Mary Gregory v. W. A. McCord, Co. Supt. 

Appeal from Polk County. 

County Superintendent. Unless a marked abuse of discretionary power is 
clearly and conclusively proved, his action in refusing or revoking a certificate 
will not be interfered with on appeal. 

Section 1767 provides that if the county superintendent is satisfied that an 
applicant possesses the requisite knowledge of the branches specified in section 
1766, and a good moral character, together with the essential qualifications for 
governing and instructing children and youth, then said county superintendent 
shall grant a certificate to teach in the schools of his county, for a time not to 
exceed one year. If he is not satisfied that the candidate is adequately quali- 
fied in every one of these particulars, then the certificate may be denied. 

Section 1771 provides that the county superintendent may revoke a certifi- 
cate for any reason which would have justified the withholding thereof when 
the same was given, provided that there shall be an investigation, of which 
the teacher shall have personal knowledge and be permitted to be present and 
make defense. 

It must be left entirely to the judgment of the county superintendent to 
determine what are the essential qualifications for governing and instructing 
children and youth. No court will attempt to control his discretion in this 
matter. He may conclude that the teacher fails through laziness, moroseness 
of temper, want of self-control, or by reason of some marked physical defect 
concealed at the time of examination, or any one of many other points, with- 
out in the least impeaching the moral character of the teacher, or his technical 
knowledge of the branches to be taught. 



n SCHOOL LAW DECISIONS 

"We are compelled to hold that the county superintendent had full and com- 
plete jurisdiction of the case at bar. 

The law provides that the teacher shall have the fullest opportunity to 
make his defense. The county superintendent was occupied nine days in trying 
this case. There can be no doubt that this provision of the law was complied 
with in every particular. 

The only other point to be determined concerns the abuse of discretion on 
the part of the county superintendent. A careful review of all the papers sent 
up in the transcript fails to show any passion, prejudice or malice on his part. 
We find that the proceedings were regular and in accordance with the law. 

The counsel for Mary Gregory submits a large number of errors on the part 
of the county superintendent, but we can not find that any one of them is vital 
to the case. The rulings made by the county superintendent have no material 
effect on the final decision of the case, and the exceptions of the plaintiff are 
passed over. Special reference is made to the case of Dougherty v. Tracy, page 
17, S. L. Dec. 1892, in which this whole subject is thoroughly and fully dis- 
cussed by one of the ablest men who ever occupied this ofiice. 

The same discretion which the county superintendent has In issuing a cer- 
tificate he possesses in revoking it. The supreme court has held that it can 
not control such discretion, or substitute its own judgment for that of the 
officer. See 52 Iowa, 111. It is not for us to say that Mary Gregory is or is not 
a fit person to teach in the schools of Polk county. The law vests that right 
In the discretionary power of the county superintendent, and he must assume 
the responsibility. Unless a marked abuse of his discretionary power is clearly 
and conclusively proved, his action in refusing or revoking a certificate will not 
be interfered with on appeal. See Walker v. Crawford, page 115, S. L. Dec. 
1892. 

After a careful consideration of all the points involved, we find no reason to 
warrant reversing the action of the superintendent. Affiemed. 

HENRY SAB IN, 

September 26, 1895. Superintendent of Pultlic Instruction. 



E. E. Amsden v. Independent District of Macedonia. 

Appeal from Pottawattamie County. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any one interested. 

Affidavit. Must be accepted, if sufficient to give the appellant a standing. 

Appeal. Mere technical objections should not prevent the fullest presentation 
of the merits of the case in the trial of an appeal. 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant 
testimony is occasionally admitted. 

There are certain facts in this case concerning which there is no disagree- 
ment. The board of directors contracted on the twenty-sixth day of March, 
1895, with E. E. Amsden to teach upon terms clearly set forth in the contract 



SCHOOL LAW DECISIONS 73 

as signed by both parties. Concerning the validity of this contract there is 
no doubt expressed. 

Upon the fifth day of July the said Amsden had a hearing before the board 
upon definite and well specified charges. He was duly notified of these 
charges, was present both himself and by counsel at the time of trial, and was 
allowed to make his defense. The board took time for deliberation, and finally 
on the eighth day of July made an order annulling the contract, and in effect 
discharging the teacher. From this decision Mr. Amsden appealed to the 
county superintendent, who on the third day of September rendered a decision 
dismissing the case on account of the legal insufiiciency of the affidavit. 

There are only two questions involved. Was the original affidavit sufficient 
to' enable the county superintendent to assume jurisdiction of the case? And 
could the affidavit be amended at the time of trial? 

It must be held that the lapse of thirty days from the making of the order 
sought to be appealed from does not affect in any way the right of the ap- 
pellant to amend his original affidavit. If he offered his amendment at the 
time of trial he complied with the usual practice. Whether the amendment 
should be admitted depends upon its nature. If it set up a new and distinct 
issue, one not involved in any way in the original affidavit, then the county 
superintendent should refuse to allow the amendment to be made. See case 
on page 141 in S. L. Dec. 1884. An amendment is, however, admissible when 
it tends to correct mistakes or to make clearer or more explicit the charges 
contained in the original affidavit. See case on page 25, S. L. Dec. 1892. In 
the case at bar the amended affidavit introduces no new issue and does not in 
any way prejudice the rights of any person. We think the county superin- 
tendent committed error in refusing to admit the amendment. 

Now as to the original affidavit. We do not understand what is meant by 
tue term legal insufflciency. It is to be remembered that no very definite rules 
have been or can be adopted for the trial of cases before the county superin- 
tendent. This department has always held that the system of appeals was in- 
tended as a speedy and inexpensive method of adjusting school difficulties. See 
case on page 25, S. L. Dec. 1892. The supreme court has held that it "is abund- 
antly manifest that the legislature designed to afford an inexpensive and sum- 
mary way of disposing of these cases." See 68 Iowa, 161. Mere technicalities 
can not be allowed to intervene to defeat the ends for which the system of ap- 
peals was instituted. 

The appellant sets forth in his affidavit that the board acted through pas- 
sion and prejudice, and that he did not have the fair and impartial trial guar- 
anteed to him by section 1734. On these as well as on other grievances set 
forth in the affidavit the appellant has the right to be heard before the county 
superintendent, to introduce testimony, and to be heard, by himself or his 
counsel. 

The law makes it obligatory upon the county superintendent to hear such 
a case, to weigh carefully and without prejudice the evidence and the argu- 
ments, and to render his decision in accordance with his judgment. This is 
the more important in such cases, because the teacher has no other remedy in 
law of which he can avail himself. Through some informality which does not 
in any way affect the issues in the case he should not be deprived of his right 
of appeal. 



74 SCHOOL LAW DECISIONS 

We say nothing of the merits of this case. We know nothing of them. We 
believe the affidavit of appeal was sufficient to give the appellant a standing 
before the county superintendent, and that is the only point upon which we 
are called to pass. 

The case is remanded to the county superintendent, with directions to fix a 
time of hearing the same within fifteen days from the date of this decision, 
and to notify all concerned, that they may be present. 

Reversed and Remanded. 
HENRY SARIN, 

November 21, 1895. Superintendent of Public Instruction. 



D. C. McKee v. District Township of Grove. 
Appeal from HumJ)oldt County. 

SuBDisTRicT Boundaries. When an action has been reversed by the county 
superintendent, and that decision affirmed by the superintendent of public in- 
struction, the board can not act again until a material change has taken place. 

ScHooLHousE SiTE. When purchased need not necessarily be upon a highway. 

Discretionary Acts. An appellate tribunal is not to decide mainly whether 
the action complained of was wise, "or the best that might have been taken, 
but simply whether a reversal is required by the evidence. 

In this case the board on September 16, 1895, made two orders. By the first 
of these it divided subdistrict number seven in said township into two subdis- 
tricts, to be known as number seven and number nine, and established the 
boundary line between them. By the second action it ordered the removal of 
the schoolhouse, now located on section 34, township 92 north, range 28 west, 
removed and located on section 33, township 92 north, range 28 west, on the 
Sherman and Dakota road, and authorized the president to draw an order for 
the payment of the same on report of the committee.. 

From these two actions D. C. McKee appealed to the county superintendent, 
who reversed both actions of the board and relocated the schoolhouse on the 
old site. From the order removing the schoolhouse D. C. McKee takes an 
appeal to the superintendent of public instruction. The former action of the 
board dividing the subdistrict and reversed by the county superintendent is 
not in the case. This simplifies the matter and leaves as the only point to be 
considered the discretionary act of the board in ordering the removal of the 
building to the new site. 

The district as at present constituted is four and one-half miles from east 
to west in extreme length. The two schoolhouses stand within a mile of each 
other. 

There are several points brought in by the county superintendent and in the 
arguments of the attorneys which need but a brief notice. It appears that at 
a previous meeting of the board it took action removing the schoolhouse to a 
site near the present new site, which action was reversed by the county super- 
intendent, and that there has been no material change in the district since that. 
This does not act as a bar in any sense to the present proceedings. For a full 
discussion of this point see P. O'Connor, Jr., v. District Township of Badger, 
page 108, S. L. Dec. 1892. 



SCHOOL LAW DECISIONS 75 

The only case in which the board can not act again without a material 
change is when a former action has been reversed by the county superintendent, 
and on appeal to the superintendent of public instruction has been affirmed. 
In the case at bar the county superintendent reversed the action of the board, 
but appeal was not taken to the superintendent of public instruction. 

Much stress has also been laid upon the question whether the road upon 
which the new site is located is a highway in the sense intended by the law. 
Section 1826 has reference to a case in which the board condemns a piece of 
land for schoolhouse purposes. But when said site is purchased by the board 
the provisions of sections 1825-1826 do not apply. See, also, for a full discus- 
sion of this point, case of H. D. Fisher v. District Totonship of Tipton, page 86, 
S. L. Dec. 1892. 

If the site selected and purchased should be inaccessible it might be a case 
warranting the reversing of the board, but in the case at bar the site pur- 
chased by the board is on a highway, which both parties acknowledge has been 
traveled more or less for at least nine years. 

This leaves the only point for consideration whether the board abused its 
discretion in ordering the removal of the schoolhouse. The location of the 
schoolhouse is a matter entirely within the discretionary power of the board. 
Its action ought not to be reversed by the county superintendent without the 
clearest proof that it has acted through passion or prejudice, or from soma 
improper motive. There is nothing in this case whatever to show that the 
board was not endeavoring to do what it believed to be for the best interests 
of all the people of the subdistrict. The vote in the board stood four in favor 
of removal and one opposed. 

We can not discover that there are any reasonable grounds for reversing 
its action. We are not called upon to decide whether it acted wisely or un- 
wisely, but simply and solely whether there is sufficient evidence to warrant 
the county superintendent in reversing its action on the grounds of abuse of 
discretion. We regret very much that we are obliged to reverse the action of 
the county superintendent, and do not doubt that he acted according to his 
best judgment. We are, however, compelled to decide that the board did not 
in any way so abuse its discretion as to warrant an interference. 

Reveesed. 
HENRY SABIN, 

February 8, 1896. Superintendent of Public Instruction. 



Hugh McMillan v. District Township of Waveland. 

Appeal from. Pottawattamie County. 

BoAKD OF DiKECTOES. It is the first duty of a board to co-operate with and 
assist the teacher in the conduct of the school. 

Teachee. a teacher may justly claim and expect to receive the assistance and 
advice of the board, and especially the help of his own subdirector, in the 
proper conduct of his school. 

Board of Dieectoes. In exercising its power in a semi-judicial capacity the 
board should be able to show the very best reasons for its conclusions. 



76 SCHOOL LAW DECISIONS 

Teacher. It is alike due to the dignity of the board and the rights of the 
teacher that no one should be discharged except after thoreugh investigation 
and the clearest proof. If possible, the teacher should be shielded from the 
Btigma of discharge. 

After a trial, conducted in accordance with law, the board, by a vote of 
three to two in a board of nine members, discharged the teacher for in- 
competency, in accordance with the provisions of section 1734. Hugh 
McMillan appealed to the county superintendent, who reversed the order 
of the board. John W. Rush, president of the board, appeals here. 

The proceedings of the board in this case were entirely regular, and it 
is not claimed that the law was violated by it in any particular, as to its 
manner of proceeding. The question to be determined by us is, was the 
county superintendent warranted in finding that the board abused its dis- 
cretion to that extent to require a reversal of its action in discharging the 
teacher. 

The testimony discloses a very undesirable condition in the school in ques- 
tion, as to the matter of discipline and behavior of the scholars. The 
testimony discloses the fact that many of the older scholars, instead of 
being an assistance to the teacher, . and a credit to themselves and their 
parents, were insubordinate, disobedient and disrespectful to the teacher. 
The testimony also discloses that the subdirector, instead of assisting the 
teacher in maintaining discipline and good order in the school, withheld 
that support so much needed by any teacher under such circumstances. 
It is not shown nor is it claimed that any of the board had visited the 
school for the purpose of aiding the teacher in enforcing rules for its 
government, as it is required to do by the first part of section 1734. Nor 
did the subdirector visit his school, as he is required to do by the latter 
part of section 1756. 

The testimony in the case is to the effect that after the incorrigible 
scholars were dismissed the teacher was much more successful in his work. 
We can not find from the testimony that the teacher failed in any important 
particular to attempt to do his full duty by his school, and to regard 
equally the rights of every scholar. Under all circumstances, we think 
it is the first duty of any board to co-operate with and assist the teacher 
in the conduct of his school. This is the duty of the local subdirector in 
a peculiar sense, as he is in close relation to his own school and his teacher. 
A teacher may justly claim and expect to receive, the assistance and advice 
of the board, and especially the help of his own subdirector, in the proper 
conduct of his school. See case on page 135, S. L. Dec. 1892. It is often 
the case that a little timely assistance, offered at the right time and in 
the proper spirit, will aid a teacher very materially in maintaining good 
order and discipline in his school, and in preventing many difficulties from 
arising which might, under a different course, almost certainly tend to injure 
the efficiency of the school. 

In this case, two of the five members present at the trial voted to dis- 
charge the teacher, two voted in the negative, leaving the casting vote with 
the subdirector of the school, who, as we have seen, was out of sympathy 
with the teacher, and had failed to afford his assistance to a successful 
management of the school. While it is true that in general the discre- 
tionary acts of a board are entitled to great weight, yet it is also true 
that in exercising its power in a semi-judicial capacity, the board should be 



SCHOOL LAW DECISIONS 77 

able to show tlie very best reasons for its conclusions. Except upon the 
clearest proof, and the most convincing reasons apparent to the board that 
the good of the school demands the discharge of the teacher, a teacher 
should be shielded from the stigma of discharge, and the authority of 
the board and the respect due the board and its teachers, should be main- 
tained, by a decision on the part of the board to assist and support the 
teacher in bringing his school to a conclusion as nearly as possible satis- 
factory to the board and creditable to himself. The decision of the county 
superintendent is Affirmed. 

HENRY SABIN, 
May 20, 1896. Superintendent of PuMic Instruction. 



S. B. Heath v. District Township of Iowa. 

Appeal from Wright County. 

County Superintendent. On appeal may do no more than the board might 
have done. 

Independent District. The boundaries outside the town plat depending upon 
the petition of the electors, such boundaries may not be fixed until petitioned for. 

This is a case arising under the amendment to section 1800 made by the 
Twenty-fifth General Assembly. It is the effect of this amendment that 
when a town or • village has less than two hundred inhabitants and not 
less than one hundred inhabitants, the territory contiguous to such town 
plat may not be included in the proposed independent town district except 
on a written petition of a majority of the electors residing upon such 
territory outside the town plat. 

In this case the board refused to fix the boundaries of a contemplated 
independent town district. From its order appeal was taken to the county 
superintendent, who reversed the order of the board and fixed the bound- 
aries of a contemplated independent district, but different from the bound- 
aries asked for in the petition presented to the board from the electors 
residing outside the town. 

Without considering any of the other merits of the case it becomes 
necessary to inquire whether the county superintendent might in reversing 
the order of the board, fix different boundaries than those petitioned for 
by the majority of the electors residing upon the outside territory. We 
find that the territory included in the contemplated district by order of the 
county superintendent excludes at least four and one-half sections that were 
before included. Did the county superintendent have power to fix different 
boundaries for the outside territory from those petitioned for when appli- 
cation was made to the board, without first himself having a written peti- 
tion from a majority of the resident electors upon the territory outside the 
town which said county superintendent included within the contemplated 
independent district? We think he did not. If our view is correct it 
is decisive of the case and we will be compelled to reverse the county 
superintendent's decision. 

Not many cases have arisen under the amendment to section 1800, found 
In chapter 38, Laws of 1894. But it seems to us that there can be no 



78 SCHOOL LAW DECISIONS 

doubt as to the intention of the general assembly to require that before 
territory outside a town or village of over one hundred and of less than 
two hundred inhabitants may be included within a contemplated inde- 
pendent town district, a majority of the electors must consent that such 
boundaries may be fixed. Any other conclusion would seem to defeat 
the purpose of tho amendment. It is not reasonable to urge that the 
county superintendent would have greater power on appeal than the board 
would have. 

It will be noticed that this decision has no reference whatever to the 
merits of the case as to the boundaries which should be fixed for a town 
independent district. That matter is still within the discretion of the 
board under the limitation of the law. Reversed. 

HENRY SABIN, 

August 3, 1896. Superintendent of Public Instruction. 



Letha Jackson v. Independent District of Steamboat Rock. 

Appeal from Hardin County. 

Teacher. Full opportunity must be afforded the teacher to make defense 
against charges. 

Board of Directors. Is required by the law to visit the school and to aid and 

sustain the teacher in maintaining order and discipline. 

Teacher. Should not employ unsuitable and unusual methods of punishment. 

On the twenty-eighth day of November, 1896, the board voted to dis- 
charge from its employ Miss Letha Jackson, the teacher in the intermediate 
room of its school. The reason, as spread upon the record, is that she 
inflicted inhuman and cruel punishment upon her pupils, especially upon 
Minnie Platts. An appeal was taken to the county superintendent, who 
reversed the order of the board. Appeal was then taken to the superin- 
tendent of public instruction. 

There is no doubt from the testimony sent up with the transcript that 
Minnie Platts was insolent and disobedient, and also that the teacher 
failed to control herself, and that they engaged in an unseemly squabble 
in the presence of the school. It is also evident that the teacher was 
accustomed to use methods of punishment which are, at the best, not 
customary in well disciplined schools. Much of the testimony is conflict- 
ing, and that part of it relating to matters which occurred under a pre- 
vious contract can not be allowed to have any weight in determining this 
case. 

The contract, as placed in evidence, specifies that the teacher shall not 
make use of ans'^ cruel or unusual punishment in the discipline of the 
school. Whether she violated the contract in this respect is a matter 
to be determined by the board, and in doing so it may avail itself of any 
sources of reliable information within its power. The notice sent to the 
teacher, November 23, 1896, charges aT follows: "for inhuman and un- 
justifiable punishment of pupils by pinching, pulling their ears, pulling 
their hair, and pounding their heads and faces with your fists, and pound- 
ing tlieir hpa4s op t]ie wall, floor, 9.n4 seats of the schoolrpom with your 



SCHOOL LAW DECISIONS 79 

fists." November 2 8th she was notified by the secretary that f:he was dis- 
missed from the school. At a meeting of the board held November 27th, 
the president appointed the entire board an investigating committee. It 
appears that it carried on its investigation by questioning the pupils in Miss 
Jackson's room, and that its vote to dismiss her was based entirely upon 
information obtained in this way, as appears in the records of November 
27th. This method placed the teacher at an immense disadvantage. It 
would at least have been just to have examined these pupils in her pres- 
ence, and that she should have been allowed to correct their misstate- 
ments, if any, and to give the investigating committee her own account 
or the matter. We can not consider this an impartial method of conductiflg 
an investigation against a teacher. Justice would seem to demand that 
she should have been furnished a copy of the findings of this committee, 
and should have been given a reasonable time in which to prepare her 
defense. The board places on file the unanimous report of this investigating 
committee recommending that the teacher be discharged. It, in effect, 
finds her guilty and asks her to show cause why sentence should not be 
pronounced. 

Now, as to Miss Jackson's failure to appear before the board. Her 
physician sent a certificate to be read at the first meeting, stating that 
she was not able to attend on account of sickness. At the same meeting 
her attorney, Mr. Albrook, in a letter, asks that the board appoint Monday 
afternoon as a time for hearing the case. It appears to have been a 
reasonable request and should have been granted in justice to all parties. 
That Miss Jackson sent her statement denying the charges and averring 
that she, by her conduct, had Riven the board no occasion to investigate, 
furnishes an additional reason and a very strong one why she should 
have been given the opportunity to be heard by counsel of her own choos- 
ing. We do not think that the board intended by an early adjournment 
to shut her counsel out Saturday night, but it ought to have shown an 
anxiety to have him present if possible, in order that it might ascertain 
the very right and justice of all parties in the case. Miss Jackson could 
very justly plead that her presence would avail nothing after the board 
had before it a report signed by every member of that tribunal, saying 
that she ought to be dismissed from her school. The board seems also to 
have forgotten that the law makes it its duty to visit the school and to 
aid and sustain the teacher in her efforts to maintain order and discipline. 
It has duties on the side of the teacher as well as on that of the pupils or 
the community at large. 

We do not wish to be understood as upholding a teacher in the methods 
of punishment which appear in this case. To pull the hair or the ears 
of pupils, or to strike them with the fists, are relics of another age of 
school government, and can not be justified today. We only reach the con- 
clusion that the teacher did not have that fair and impartial trial before 
the board that is contemplated in the law. Therefore the decision of the 
county superintendent is Affirmed. 

HENRY SABIN, 

April 7, 1897. Superintendent of Public Instruction. 



* The teacher's right to recover for wrong-ful dismissal in tliis case was sus- 
tained in 110 Iowa, 313, 



80 SCHOOL LAW DECISIONS 

R. Odendahl et al. v. Disteict Township of Gbant. 

Appeal from Carroll County. 

Appeal. Will not lie from joint action of boards making settlement of assets 
and liabilities. 

County Superintendent. Should dismiss an appeal as soon as it becomes cer- 
tain that the leading issue may be heard and decided only by a court of law. 

Jurisdiction. It is very undesirable to bring matters involving a money con- 
sideration before the county superintendent on appeal. 

Certain territory in the civil township of Grant and part of the inde- 
pendent district of Carroll was restored to the district township of Grant. 
A settlement of assets and liabilities between the two districts necessarily 
followed. Robert Odendahl and others were aggrieved with the conclusions 
reached by the two boards, and took an appeal to the county superin- 
tendent, who reviewed the questions presented to him, finding in effect 
as to the time when the territory did actually become a part of the district 
township of Grant, as to the disposition of taxes during a period when 
the control of such territory was in controversy, and also whether the 
agreement entered into by the board should be changed by him. 

The first question we are required to consider is whether the county 
superintendent had jurisdiction to hear the case. If we find that he did 
not have jurisdiction, it will of course be impossible for us to review the 
questions he determined, and we shall be compelled to dismiss the case 
for want of jurisdiction. 

It has been the uniform opinion of this department that appeal will 
not lie from the joint action of boards in making the settlement of assets 
and liabilities required by section 1715, but that the only remedy, if the 
law affords relief, would be an action in court to protect the rights of 
ine persons complaining. In order that the matter might be more authori- 
tatively determined, so that this case may be a guide to school officers, 
we submitted an Inquiry to the attorney-general, and quote briefly from 
his reply: 

"Your favor came duly to hand, requesting my opinion upon the follow- 
ing question: 

"When the two boards have made a division of assets and liabilities, 
under section 1715 of the code, will a person claiming the settlement 
to be inequitable and insufficient as to the amount agreed upon have the 
right to appeal to the county superintendent from such agreement, that 
is, from such joint action of the boards taken as provided in section 1715, 
will an appeal lie? 

"The section in question provides that the respective boards shall make 
an equitable division of the then existing assets and liabilities between the 
old and the new districts; it also provides that in case of the failure to agree 
the matter may be decided by arbitrators chosen by the parties in interest. 
It has been held by our supreme court that under this section the boards 
of directors become a special tribunal for the determination of the re- 
spective rights of the parties. And it is held that this tribunal thus con- 
stituted has exclusive jurisdiction. The action of the special tribunal, 



SCHOOL LAW DECISIONS 81 

consisting of the several boards of directors, is not tlie action or order of 
a board of directors, but an order of a special court for the determination 
of the rights of the several new districts with reference to the assets and 
liabilities of the old district of which they formed a part. The statute 
does not give an appeal from such tribunal. My conclusion is that a right 
of appeal does not exist and a person claiming the settlement to be in- 
equitable has no right of appeal to the county superintendent." 

The opinion of the attorney-general is decisive of the case. We think 
there are many added reasons why questions of this kind should not be 
heard on appeal before the county superintendent. That officer should not 
be compelled to review matters involving the jurisdiction over territory, 
the disposition of taxes, or the right and justice of finding of boards upon 
a settlement of assets and liabilities. But these a court may very prop- 
erly do, as its jurisdiction for such purposes is not questioned, and the preced- 
ents for the control of the courts over this class of cases are well estab- 
lished. It is very undesirable to attempt to bring matters involving a 
money consideration before the county superintendent on appeal. As soon 
as it becomes clearly apparent that the principal issue is of a kind intended 
by our statutes to be heard and determined only by the courts of law, the 
appeal should be dismissed. In this case it was the duty of the boards 
interested to make a proper settlement. If fraud or other irregularity 
was urged, perhaps a court would afford relief to a complainant, but an 
appeal to the county superintendent would not become a remedy. 

We are compelled to remand this case to the county superintendent 
with instructions to dismiss the case for lack of jurisdiction. Dismissed. 

HENRY SABIN, 

June 16, 1897. Superintendent of Public Instruction. 



C. M. Baxter v. School Township of Bear Gkove. 

Appeal from Cass County. 

Public Rc^d to Schoolhoxjse. The board is bound to carry out the vote of the 
electors in the matter of opening roads to schoolhouses. 

Abuse of Discretion. The board may not substitute its own discretion for the 
clearly expressed instruction of the electors. 

At their regular meeting, on the second Monday in March, 1897, the 
electors voted a schoolhouse tax of $200 and instructed the t)oard to open 
an east and west road to intersect a north and south road which 
give Mr. Baxter access by the public road to his schoolhouse. Instead 
of carrying into effect the vote of the electors, the board took steps to 
secure a different road, and from their action in so doing appeal was taken 
to the county superintendent, who reversed the order of the board, finding; 
luat the board should have attempted in good faith to carry out the ex- 
pressed wish of the electors. The board appeals here. 

It is shown in the testimony, and it is not denied, that the board thought 
best to attempt to secure the cheapest road possible, in order to provide 
a way ]py which Mr. Baxter could reach the schoolhouse. The real question 

6 



82 SCHOOL LAW DECISIONS 

in this case, and tlie one whicli the county superintendent -was compelled 
to determine, was whether the board committed error in its discretion. 
From a careful examination of the entire case we must conclude that the 
county superintendent made no mistake in determining that it is the duty 
of the hoard to make a strenuous effort to fulfill the intention of the 
electors. We think it was the duty of the board to carry into execution 
the vote of the electors, if possible to do so, and if not possible, the attempt 
should have been made, and the matter then referred back to the electors 
for further instructions. See first part of section 2778 and first division 
of syllabus in appeal case on page 17 S. L. Decisions 1897. We think it 
was not within the power of the board to substitute its own discretion 
for the clearly expressed instruction by the electors. 

It ie clear that the electors intended to provide relief for Mr. Baxter. 
This could be done only by providing him with a public highway upon 
which his children could reach school. This matter is of such importance 
to Mr. Baxter, and the vote of the electors providing the means by which 
the road was to be secured was so definite, that we feel compelled to sug- 
gest to the electors that at their annual meeting on next Monday, the 
fourteenth day of this month, they indicate still more clearly their desires 
in the matter, and that they instruct the board what further steps shall 
be taken by the board. As indicated, we can see no reason to interfere 
with the finding of the county superintendent and his decision is therefore 

Affirmed. 
RICHARD C. BARRETT, 

Des Moines, March 9, 1898. Superintendent of Public Instruction. 



John Maetin v. School Township of Bakee. 

Appeal from Guthrie County. 

Notice of Appeal. The superintendent of public instruction may not entertain 
an appeal unless thirty days' notice of such appeal has been served upon the 
adverse party. 

Costs. Before an appeal from the order of the county superintendent taxing 
costs can be entertained by the superintendent of public instruction, a motion to 
retax such costs should be filed with the county superintendent. 

The question involved in this case is the taxing of costs. In 1897 John 
Martin petitioned the board of directors of the school township of Baker 
for a school for the accommodation of his ten children. The board re- 
fused to grant the request of the petitioner. Appeal was taken to the 
county superintendent, who affirmed the action of the board. In rendering 
his opinion, the county superintendent taxed the costs, amounting to $3 0.75, 
to appellant Martin. From the action of the county superintendent Martin 
appeals to this department. 

Counsel for appellee moves the dismissal of the appeal for the following 
reasons: First, that notice of appeal was not given as is required by 
section 2 820 of the code of Iowa. Second, that all of the record in the 
case was not certified to this department by the county superintendent, and 
for that reason tbe department ghoulci refuse to consider or entertain the 



SCHOOL LAW DECISIONS 83 

appeal. Third, that the record nowhere discloses that the county super- 
intendent, before wh.om the appeal was tried, ever had opportunity or 
occasion to pass upon the question of taxation of costs, that no motion or 
request was made for him to retax. Fourth, that said appeal from decision 
of county superintendent was taken too late. 

The question to be determined is whether this department has juris- 
diction to hear the case. Section 2 820 provides that "thirty days' notice 
of the appeal shall be given by the appellant to the county superintendent 
and also to the adverse party." 

There is nothing in the transcript to show that this notice was served 
either on the county superintendent or the adverse party. For many years 
It has been the holding of the supreme court of the state of Iowa that 
appeal can only be taken by serving a written notice upon the adverse 
party or his attorney, and the clerk. In the 74th Iowa the court rules 
that service of notice of appeal is essential to give a court jurisdiction 
of the case and that fact must be shown by the record. A recent general 
assembly makes similar provisions applicable in cases of appeal to this 
department. 

While it is true that only a partial record is presented, we are of the 
opinion that the transcript is sufficiently complete to enable us to pass 
upon the question raised. By this we would not be understood as favoring 
the certification of only a part of the transcript, in case of appeal. In 
regard to the taxating of costs, the code of 1897 provides that in all mat- 
ters triable before him the county superintendent "shall have power to 
issue subpoenas for witnesses which may be served by any peace officer, 
compel the attendance of those thus served, and the giving of evidence 
by them, in the same manner and to the same extent as the district court 
may do, and such witnesses and officers may be allowed the same com- 
pensation as is paid for like attendance or service in such court, which 
shall be paid out of the contingent fund of the proper school corporation, 
upon a certificate of the superintendent to and warrants of the secretary 
upon the treasurer; but if the superintendent is of the opinion that the pro- 
ceedings were instituted without reasonable cause therefor, or if, in case 
of an appeal, it shall not be sustained, he shall enter such findings in the 
record, and shall tax all costs to the party responsible therefor. A tran- 
script thereof shall be filed in the office of the clerk of the district court 
and a judgment entered thereon be made, which shall be collected as 
other judgments." 

The question of costs is one entirely new to this department. Prior to 
October 1, 1897, any one aggrieved by the order or decision of a board of 
directors could, without cost, appeal to the county superintendent and 
again to the superintendent of public instruction. 

The provisions of the law are plain. If the county superintendent is of 
the opinion that the proceedings were instituted without reasonable cause, or 
the case be not sustained on appeal, he shall tax all costs to the party re- 
sponsible therefor. A careful study of the case reveals no error on the 
part of the county superintendent. The costs appear to have been taxed 
and filed as required by the statute. Any person aggrieved might, upon 
application, have had the same retaxed and all errors corrected. 

Counsel for appellant argues that the question at bar was presented 
Informally to the county superintendent, who overruled bis objections, 



84 SCHOOL LAW DECISIONS 

after having considered the same. An additional transcript of the pro- 
ceedings filed by the county superintendent, substantiates the claim of 
counsel but nullifies the force of it by stating "that no formal or written 
objection to the taxing of said costs were filed by said appellant, nor any 
motion to retax said costs." In the 101 Iowa, case of John Roane, ap- 
pellant, vs. J. A. Hamilton et al., involving the question of costs, the 
supreme court held that since no motion was made in the district court to 
retax costs, no consideration would be given the matter by the supreme 
court. It can not, we think, be contended reasonably that rules of court 
practice, so far as applicable, should not be followed in matters triable 
before this department. A failure on appellant's part to avail himself of 
his legal rights may not wisely be overlooked here. 

In regard to the time in which appeal may be taken, the law provides 
that thirty days' notice shall be given. The transcript shows that the case 
was heard by the county superintendent, January 7, 1898. The affidavit 
of appeal was received by special delivery Sunday, February 6, and filed 
Monday, February 7, 1898. We think appeal was taken in time, since in 
computing time, the first day shall be excluded and the last day included, 
unless the last day falls on Sunday, in which case the time prescribed 
shall be extended so as to include the whole of the following Monday. Code, 
section 48, sub-section 23. 

While the counsel for appellee does not refer to the fact, we find in addition 
to the foregoing that the affidavit of appeal presented is defective in this, that 
the notary, before whom appellant was sworn, failed to attach notarial seal. 
This, however, has not been considered irremediable in the consideration of the 
appeal. 

After having carefully considered the whole matter, we are of the opinion 
that the case is not legally before us, since the transcript fails to show service 
of proper notice and a motion to retax costs. 

The legality of this department entertaining any appeal in which a money 
consideration is the principal issue is seriously questioned. Certainly neither 
the county nor the state superintendent is authorized to render jucigment for 
money. Acts of these officers are held by the courts to be ministerial, and not 
judicial. To burden this office with the adjustment of affairs involving such 
considerations as can best and only be determined finally by the courts is, from 
our point of view, to place unnecessary and unproductive labor upon the depart- 
ment. Dismissed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, May 26, 1898. Superintendent of Public Instruction. 



Thomas Hudgens v. Independent District No. Ten, Cedar Falls Township. 

Appeal from Black Hawk County. 

Discharge of Teacher. A teacher can not be discharged by the board except 
after a full and fair investigation. 

Special Meeting. A irieeting of the board, called for no specific purpose and 
of which the teacher was not served with due and proper notice, could not 
legally discharge sucfe teacher. 



SCHOOL LAW DECISIONS gg 

Defense. The teacher is entitled to a reasonable time to prepare for and make 
his defense. The refusal of the board to grant a teacher a single day's time 
in which to make such defense is not only an abuse of discretion but a viola- 
tion of law. 

On the third day of January, 1898, Thomas Hudgens, a teacher in Independ- 
ent District Number Ten, Cedar Falls Township, was dismissed by a majority 
vote of the board. From the action of the board he appealed to the county 
superintendent, who affirmed the order of the board. From his decision appeal 
is taken to this department. 

Section 2782, laws of Iowa, concerning the dismissal of the teacher, is as 
follows: "It may by a majority vote discharge any teacher for incompetency, 
inattention to duty, partiality, or any good cause, after a full and fair investi- 
gation made at a meeting of the board, held for that purpose, at which the 
teacher shall be permitted to be present and make defense, allowing him a 
reasonable time therefor." 

Did appellant have a fair trial? Was the meeting held for the purpose of 
discharging the teacher or giving a full and fair investigation? Did the 
teacher have a reasonable time to make defense? 

In his decision the county superintendent says: "Then from the minutes of 
the school board as kept by the secretary, January 3rd, we must determine 
what occurred at this meeting." If the correctness of the record were unques- 
tioned this would be true. 

In the case of Appleton Park v. Independent District of Pleasant Grove, this 
department held that "the fact that the transcript referred to is not certified 
to by the secretary, and the further fact that he was not present at the board 
meeting in question, and wrote the minutes as dictated from memory by the 
president of the board, three days after the meeting, fully justified the superin- 
tendent in ruling it out and in admitting parol evidence." The testimony of the 
secretary of the board is to the effect that the original notes made by himself 
at the time of the discharge of the teacher were destroyed; that the notes from 
which the certified transcript was made were written days after the meeting. 
His further testimony, which is not denied, is that the record of the meeting 
as finally certified to the county superintendent was written by himself, aided by 
the president and another member of the board, after appeal was taken to the 
county superintendent. A record of such a character "made in view of appeal" 
can scarcely be said to be its own best evidence. 

In his decision the county superintendent quotes a former opinion of this 
department to this effect: "The discharge of a teacher is largely within the 
discretionary power of the board. It is to guard the rights of the school, as 
well as the rights of the teacher. After a full and fair investigation it is its 
duty to act as it deems best under all circumstances of the case. This being 
the case, it is the duty of the county superintendent not to interfere with the 
action of the board unless he is convinced that it in some way abused its dis- 
cretion. He is right in sustaining the board even though as an individual he 
would have preferred some other action on his part." 

In the case at bar did the board make that full and fair investigation con- 
templated? We think not. The evidence submitted reveals many irregular- 
ities on the part of the board. The meeting was not called for a specific pur- 
pose. Appellant was not served with due and proper notice. The law pro- 
vides that a reasonable time shall be given the teacher in which to make his 



S^ SCHOOL LAW DECiSlOl^^ 

defense. Appellant's request for a single day's time was refused. In fact, ac- 
cording to the president's own testimony, no investigation took place. 

The school may not have been as ably conducted as the board desired, or in 
accordance with the particular views of the different members, but we can not 
approve of the action of the board in discharging the teacher without first mak- 
ing that full and fair investigation contemplated by the statute. A teacher is 
the employe lof the board and as such is entitled to its co-operation and sup- 
port. For certain causes the teacher may be discharged, but only after charges 
preferred have been carefully and impartially investigated. We have given 
the case unusual attention and are forced to the conclusion that the teacher 
was not accorded that investigation which the law intends. The decision of 
the county superintendent is Reversed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, June 23, 1898. Superintendent of Public Instruction. 



R. A. Kletzing v. The Independeistt District of Montoue. 

Appeal from Tama County. 

Discharge of Teacher. The action of the board in discharging a teacher, 
after a full and fair investigation, will not be reversed unless it is clearly 
shown that the board violated the law, abused its discretion, or acted with 
manifest injustice. 

County Superintendent. The county superintendent has only appellate juris- 
diction, and should sustain the action of the board unless it be clearly shown 
that they violated law or abused their discretion. 

On February 14th, J. D. Booher, resident of Montour, filed with the secre- 
tary of the school corporation a complaint charging the principal, R. A. Kletz- 
ing with incompetency, partiality, the infliction of inhuman and cruel punish- 
ment and general inability to govern the school over which he had supervision. 

The record, which is unquestioned, shows that a notice of the hearing was 
served on the appellant and the time fixed for the nineteenth day of February, 
at which time all parties interested appeared. Appellant was represented by 
his attorney who filed a general statement denying charges preferred. Affi- 
davit of appellant was also filed claiming that the board had negligently or 
willfully refrained from visiting the school or in any manner advised with or 
directed appellant in his conduct and management of the school. The hearing 
was concluded on February 26th and appellant was discharged by the unani- 
mous vote of the board. Appeal was then taken to the county superintendent 
who reversed the board. The board appeals to this department. 

As it appears to us, the question to be determined is of sound judgment and 
discretion and not of law. Should it appear that the county superintendent 
opposed his judgment to the judgment of the board, there is but one course for 
an ultimate tribunal to pursue. 

It is the earnest desire of this department to sustain decisions of county 
superintendents. Their official acts and the correctness of their views will not 
be set aside unless for cause. A similar principle should be held by county 
superintendents when called upon to pass upon the decisions or orders of boards 
of directors. 



SCHOOL LAW DECISIONS 87 

For almost a third of a century it has been the holding of this department 
that discretionary action of a board should be affirmed on appeal, unless by the 
evidence it is clearly proven that the board violated law or abused its discre- 
tion. "If there is reasonable doubt the board is entitled to its benefits. The 
action of the board may not be wholly approved by the judgment of the county 
superintendent, but if it be not illegal or clearly unjust, it should be sustained." 
See Edicards et al. v.District Tawnsliip of West Point, School Law Decisions 
of 1S84. 

The county superintendent is a court of appellate jurisdiction and is com- 
pelled to sustain the action of boards unless the evidence clearly indicates that 
they have violated law, acted with passion or prejudice, or with manifest in- 
justice, or abused their discretion. 

In the case befcre us we are inclined to the opinion that the superintendent 
passed upon the case as though he had original instead of appellate jurisdic- 
tion, and failed to give due consideration to the discretionary power granted 
school boards. 

The power to discharge a teacher is conferred upon boards of directors by 
section 2782, which in part reads as follows: "It may by a majority vote dis- 
charge any teacher for incompetency, inattention to duty, partiality, or any 
good cause, after a full and fair investigation made at a meeting of the board 
held for that purpose, at which the teacher shall be permitted to be present and 
make defense, allowing him a reasonable time therefor." 

Affiant, in appealing to the county superintendent, alleges that he was not 
accorded a full and fair investigation. In reversing the board the county super- 
intendent so found and assigned as a reason that Mr. Stevens, president of the 
board, appeared as the prosecuting attorney. 

We can not concur with the view expressed by the county superintendent 
that appellant was not given a fair trial. That the board gave the case care- 
ful thought is shown by the fact that the hearing occupied nearly all of a week. 
Appellant was given every opportunity to prepare for his defense, to call wit- 
nesses, and was ably represented by his attorney. So far as we have been able 
to learn from the transcript, which appears to be complete, it is not shown 
that malice or prejudice was exhibited on the part of any member of the board. 
The fact that Mr. Stevens, the president of the board, is an attorney, may not 
be considered prejudicial. Naturally, as president, he would be expected to 
lead in the investigation of complaints, since in cases of this kind the board may 
not employ counsel. 

The claim that the board had negligently or willfully refrained from visit- 
ing the school or advising with the teacher, is worthy of most careful con- 
sideration. It is the duty of the board to aid teachers in the government and 
management of schools; to counsel with them and co-operate in the promotion 
of all the educational interests of the district. It does not appear that members 
made regular and frequent visits to the school, but that general interest was 
manifested and a desire shown on the board's part to strengthen the schools is 
evidenced by the fact that the course of study was revised, rules for the govern- 
ment of teachers and pupils adopted, and consultations held by membei's of 
the board with the principal. 

In his decision, the county superintendent finds that appellant Kletzing was 
obstinate and worked in opposition to the board of directors; that his punish- 
ment of pupils was open to severe criticism; that he was disliked; that he did 



88 SCHOOL LAW DECISIONS 

not give satisfaction; that a very undesirable condition existed; and that he 
did not exercise that judgment necessary to carry on the school harmoniously 
and without friction. The evidence clearly sustains the above enumerated find- 
ings. The opinion of the county superintendent is Reversed. 

RICHARD C. BARRETT, 
Superintendent of PuiUc Instruction. 
Des Moines, Iowa, September 10, 1898. 



J. L. MuNN V. School Township of Soap Ceeek. 

Independent District Boundaries. The provision of section 2794 of the 
Code, requiring the board of a school township, upon proper petition, to establish 
the boundaries of a proposed independent district, is mandatory. 

Boundaries. Must include all of the city, town or village, and also such con- 
tiguous territory as is petitioned for by a majority of the resident electors. 

County Superintendent. On appeal the county superintendent can make such 
order touching the boundaries as the board should have made. 

Time. The time in which to take the initiatory steps to form an independent 
district is not fixed by the statute. 

Completion. The provision of section 2796, "that the organization of such in- 
dependent district shall be effected on or before the first day of August of the 
year in which it is attempted," is directory and has special reference to the 
levying of taxes. It does not apply where by reason of an appeal to the county 
superintendent, or to the superintendent of public instruction the completion is 
not effected until after such date. 

Election. The boundaries having been fixed, it is the duty of the board to give 
notice of a meeting of the voters of the territory included in the proposed dis- 
trict. 

Mandamus. Should the board fail or refuse to give the required notice of elec- 
tion, they may be compelled to do so by mandamus. 

Electors. The electors are the sole and final judges of the desirability of a 
separate organization. 

This case relates to the formation of an independent district out of a school 
township. 

Residents of the village of Belknap petitioned the board of directors to form 
an independent district. The board by a vote of two to six refused to establish 
the boundaries of the district. From the board's refusal appeal was taken to 
the county superintendent. 

Before this officer motion to dismiss was made by appellee on the ground 
that Mandamus and not appeal was the proper remedy. 

The statute provides that a writ of mandamus "shall not be used in any case 
where there is a plain, speedy and adequate remedy in the ordinary courts of 
law, save as herein provided." Section 4344 Code. In the 73 Iowa, 134, case of 
Barnett et al. v. Board of Directors Independent District of Earlham, the su- 



SCHOOL LAW DECISIONS 89 

preme court held that where the party has the right of appeal to the county 
superintendent, mandamus will not lie against a board of directors. 

It is provided in the school laws that "any person aggrieved hy any decision 
or order of the board of directors of any school corporation in a matter of law 
or fact may, within thirty days after the rendition of such decision or the 
making of such order, appeal therefrom to the county superintendent of the 
proper county." Section 2818 Code. "Upon the hearing of the appeal the 
county superintendent is required to hear testimony on behalf of either party. 
The fullest opportunity is allowed for a thorough investigation of the matter of 
the appeal and the superintendent is required to make such decision as shall be 
just and equitable. And if the appellant is aggrieved at the decision of the 
county superintendent he may appeal in like manner to the state superintendent 
of public instruction." 35 Iowa, 444. We find no error on the superintendent's 
part in. overruling the motion to dismiss. 

The superintendent reversed the board and established the boundary lines 
of Belknap, and ordered that the district consist of the present town plat. J. 
L. Munn appealed to the superintendent of public instruction, who heard the 
case July 30th. 

At £he hearing before this department, appellee moved to dismiss the case 
for the reason that the organization of the contemplated independent district 
could not be completed on or before the first day of August, 1898. 

The time in which to take the initiatory steps to form an independent dis- 
trict is not fixed. The law says: "Upon the written petition of any ten voters 
• ♦ * such board shall establish the boundaries." A petition signed by the 
requisite number of voters might be presented at such a date as to preclude the 
possibility of completing the organization on or before the first day of August. 
To grant reasonable requests made by attorneys for continuance might also 
prevent the formation of districts. The wishes of parties interested could 
easily be thwarted by dilatory tactics on the part of attorneys. Under the laws 
of this state both county and state superintendents are called upon to perform 
many and varied duties. Not infrequently engagements are made weeks and 
sometimes months in advance. In some cases it is quite impossible for these 
officers to grant a hearing and render a decision within the time mentioned in 
the statute. While it may be desirable that the organization be perfected 
within the statutory time, we are inclined to the opinion that the date is only 
directory and has special reference to the levying of taxes. To sustain the 
motion to dismiss would establish a precedent far-reaching in its effects and 
one tending in many cases to hinder educational advancement. 

The record upon which the county superintendent decided the appeal shows 
the following facts, which are undisputed: The village of Belknap is located 
at the crossing of the Rock Island and Wabash railways on . the east one-half 
CYz) of section thirty -five (35) and the west one-half (i/^) of section thirty- 
six (36) and includes forty acres more or less. On the twenty-first of March, 
sixteen residents of Belknap petitioned the township board to form an inde- 
pendent district. At the time action was taken by the board there was on file a 
petition signed by B. B. Shaffer and twenty-two other citizens asking that sec- 
tions twenty-five (25), twenty-six (26), thirty -five (35), thirty-six (36) and the 
east three-quarters (%) of section thirty-four (34) be included in the proposed 
new district; also a petition from A. J. Blankenship and five others asking that 
tne remainder of section thirty-four (34) and section twenty-seven (27), less 



•% gCttOOL LAW DECISIONS 

the northwest quai'ter (14) of the northwest quarter (%), together with the 
southeast 'quarter (%) of the southeast quarter (i/4) of section twenty-two (22) 
be included in the Independent District of Belknap. B. B. Shaffer and P. H. 
Burns presented an amendment to the original Shaffer petition asking that it 
be amended by striking out the north one-half (%) of section twenty-five (25). 
The record however fails to- show that the amendment was filed with the board 
of directors. 

With these petitions before it, what was the duty of the board? 

We regard the construction of section 2794 so important that it was sub- 
mitted to Hon. Milton Remley, attorney-general, for his opinion. He says in 
part: "The language of the section relating to the duties of the board is as 
follows: 'Such board shall establish the boundaries of a proposed independent 
district, including therein all of the city, town or village, and also such con- 
tiguous territory as is authorized by a written petition of a majority of the 
resident electors of the contiguous territory proposed to be included in said 
district in not smaller subdivisions than entire forties of land in the same 
or in an adjoining school township, as may best subserve the convenience of the 
people for school purposes, and shall give the same notices of a meeting as is 
required in other cases. 

"The board of directors of the school township is elected by the people of the 
entire township. They may have interests antagonistic to the formation of an 
Independent district. There seems to be but little left to the discretion of the 
board. They are required to include therein all of the contiguous territory 
proposed to be included in said district in not smaller subdivisoins than forty 
acres of land. It seems to be obligatory upon them to Include the territory 
petitioned for, except where the proposed boundary line would divide forty acres 
of land, according to the government survey. They might, however, in case 
the convenience of the people of some subdistrict left out of the proposed inde- 
pendent district demanded it, include more territory than was described in the 
petition. The circumstances might be such that a few families, after the pro- 
posed independent district was carved out of the school township, would be 
practically left without school privileges. The law seems to require, in fixing 
the boundaries, that all of the contiguous territory petitioned for shall be in- 
cluded, but does not even inferentially prevent the board of directors, in fixing 
the boundaries, from including some not petitioned for. 

"I think the statute is mandatory, requiring the boundaries to be established 
by the directors, which boundaries shall include all territory petitioned for, 
and as much more as the judgment of the board of directors shall deem neces- 
sary to subserve the convenience of the people for school purposes. It is also 
mandatory upon the board to give notice of the meeting at which the people 
may vote." 

To the question, "In case an appeal is taken to the county superintendent 
from the action of the board in refusing to establish boundaries, should the 
county superintendent consider both the convenience of the people and the peti- 
tion presented by the majority of the electors, or is he limited to the petition 
alone?" 

His reply is: "He can exercise no power not given by statute to the board of 
directors, and can make such order as the board of directors should have made. 
In adding any territory not embraced within the petition he should certainly 
consider the convenience of the people, both in the proposed independent district, , 



SCHOOL LAW DECiSIONS 91 

and also the convenience of any who are left in a school township; but like 
the board of the district township, he would not be authorized to omit any of 
the territory Included within the petition from the proposed independent dis- 
trict. He is not, however, limited any more than the board would be by the 
petition in regard to adding to the proposed independent district land not in- 
cluded in the petition." 

Since it is the duty of the board and the superintendent. In case of appeal, 
to include in the proposed district at least all of the contiguous territory peti- 
tioned for, it only remains for us to do likewise. Our opinion is not final, 
however. The voters themselves are to determine whether or not they desire 
a separate organization. A careful consideration of the facts in the case leads 
us to the opinion that the formation of the independent district of Belknap 
Is desirable; that it will accommodate well a large number of children. At 
no distant day a graded school will be provided, and with modern equipment 
and trained teachers, pupils will enjoy advantages superior to those now 
granted them. 

In harmony with the petitions of the electors and the ruling of the at- 
torney-general, it is therefore ordered that the independent district of Belknap 
be constituted to contain sections twenty-five (25), twenty-six (26), twenty- 
seven (27), less the northwest quarter (i/4) of the northwest quarter (%) 
thirty-four (34), thirty-five (35), thirty-eight (38), and the southeast quarter 
{%) of the southeast quarter (%) of section twenty-two (22) of Soap Creek 
township. It is further ordered that in accordance with section 2794 the board 
shall take the necessary steps to provide for the holding of an election. The 
same to be held before November 1, 1898. Reversed. 

* RICHARD C. BARRETT, 

Superintendent of Public Instruction. 

Des Moines, Iowa, October 1, 1898. 



J. L. MuNN v. School Township of Soap Creek. 
Appeal from Davis County. 

APPLICATION FOB REHEARING. 

New Questions. Questions not raised at the hearing before the county super- 
intendent nor before the superintendent of public instruction at the time the 
appeal was heard by him can not be considered for the first time on an appli- 
cation for a rehearing. 

Rehearing. The application for a rehearing will be denied unless sufficient 
reasons have been presented warranting a change in the former opinion. 

Application for a rehearing in the above entitled case is now made by the 
appellee, the district township of Washington, on the ground that "this case does 
not decide whether or not an appeal lies where a board fails to take action." 
A review of the case shows that the board did act. It declined to establish 
the boundaries of the proposed independent district of Belknap. We do not 
understand that counsel contends otherwise. 



* For decision of supreme court in this case see 110 Iowa, 652. 



92 SCHOOL LAW DECISIONS 

Affidavit of appellant Munn, made in taking appeal from the decision of the 
board, says: "The school board of said school township rendered a decision 
refusing to grant the petitions of residents of Belknap and contiguous terri- 
tory." Again, quoting from affidavit: "Said board erred in that they have 
no legal discretion in the matter, and should have granted the independent dis- 
trict as asked for by said petitions." 

Attorney for appellee argues that only the single petition from the village 
of Belknap was refused and that others from contiguous territory are now be- 
fore the board and may be called up and passed upon at any meeting. This 
point was presented both orally and in written argument by counsel, and was 
given due consideration before announcing former decision. 

In the case of Johnson v. School Township of Utica, appeal from Chicksaw 
county, the board had before it at its September meeting a petition requesting 
the formation of a new subdistrict. Without action the board adjourned to 
consider the petition the following February. At the trial before the county 
superintendent motion was made to dismiss the case on the ground that the 
petition was still before the board. The motion was overruled by the county 
superintendent. On appeal, this department, we think, rightly sustained the 
lower tribunal. 

In the case before us no action of the board could have barred more effectu- 
ally the formation of the independent district. That petitions from contiguous 
territory were before the board has not been questioned. 

Our attention is again called to the time in which the organization of the 
independent district may be completed. No sufficient reason has been pre- 
sented to warrant us in changing our opinion in regard to this point. 

The other question, whether or not the village of Belknap has sufficient 
population, was not raised at the hearing before the .county superintendent 
nor this department and may not be considered now. 

The foregoing review disposes of the material points involved in the motion 
for rehearing. 

This department might have reversed the decision of the county superintend- 
ent and remanded the case to the board with instructions to establish the 
boundaries of the proposed district in accordance with the opinion of the 
attorney-general. Had this been done the only course for the board to pursue 
would have been to fix the boundaries of the district including all contiguous 
territory petitioned for. The course adopted appeared to be the more speedy 
and for that reason was chosen. 

As previously stated, our decision is not final. The law wisely leaves the final 
settlement covering the formation of districts, in such cases as this, to the voters 
themselves. If those residing upon the outside territory proposed to be in- 
cluded, desire to vote separately on the proposition, they may do so. Should 
a majority of the votes cast on such outside territory be against the proposed 
district, it shall not be formed. 

The application for rehearing is Denied. 

RICHARD C. BARRETT, 
Superintendent of PuMic Instruction. 
Des Moines, Iowa, October 18, 1898. 



f' SCHOOL LAW DECISIONS "' 93 

O. F. Hale v. School Township of Rivebdale. ' ■ 

Appeal from EossutJi County. J',;-,,^ 

Appeals. Should be conducted with fairness and impartiality. 

Time of Hearing. If the county superintendent can not hear testimony for 
both parties at the time set for such hearing, he should give the parties ample 
time later to make a clear and full presentation of their cause. 

At a special meeting of the board €f directors held September 30, 1898, it was 
voted to change the schoolhouse in subdistrict number one, from the present site 
to a point one mile west. From the decision rendered, O. F. Hale appealed to 
the county superintendent, who affirmed the board's action. 

In appealing to the superintendent of public instruction, appellant alleges 
errors as follows: 

1st. He, the county superintendent, failed to take into consideration the 
geographical position, number and convenience, of the scholars and residents of 
the subdistricts, as required by section 2773, Code of 1897. 

2d. That the trial being set for 1 p. m. on October 27th, he failed to appear 
until about 4 p. m. and then conducted the trial in such haste and evident 
impatience as to embarrass appellant whose witnesses had returned to their 
homes before the superintendent's arrival, and thus prevented him from fully 
presenting his case. 

3d. That he refused to allow your appellant to argue his case and adjourned 
the trial without affording appellant an opportunity to fully present his case. 

It is due all parties in controversy that appeals be conducted with impar- 
tiality. The law expressly declares that notice of the time and place of hearing 
appeals shall be sent in writing by the county superintendent to all parties ad- 
versely interested. It is expected that the utmost fairness will be shown. 

A failure on the part of the county superintendent to appear at the appointed 
hour set for hearing the case is not an error of great consequence, provided 
ample time is given all parties to make a clear and complete presentation of 
their cause. 

We find no denial of errors charged and are disposed to remand the case to 
the county superintendent with the suggestion that he fix a time in the near 
■future for hearing the case anew, and give notification to interested parties as 
provided by statute. 

Having heard the testimony, and considered the geographical position, num- 
ber and convenience of the pupils, he shall then make such decision as may 
appear just and equitable. Remanded. 

RICHARD C. BARRETT, 

February 3, 1899. Superintendent of Public Instruction. 



Irving J. Johnston v. Independent District of Sanborn. 
Appeal from O'Brien County. 

Pestobation of Territory. The refusal of a hoard of directors of an Inde- 
pendent district to concur in the restoration of certain territory may not be 
reverse^ p^pgpt when clearly sjiown that such refusal was an abuse of discretiou. 



94 SCHOOL LAW DECISIONS 

County Attorney. It is not only wise but in conformity with law for the county 
superintendent to consult the county attorney before deciding an appeal. 

The proceedings in this case are founded upon section 2792 of the code of 
1897 and is brought to have several sections of land now included in the Inde- 
pendent District of Sanborn, restored to the school township of Summit to which 
they geographically belong. 

The section to which reference is made above provides that territory so situ- 
ated may be restored by the concurrent action of the boards of directors, and 
shall be so restored upon petition of two-thirds of the electors residing upon 
the territory proposed to be set off, provided the school corporation that is to 
receive back the territory and the county superintendent concur. 

The transcript forwarded in this case is very complete. It shows that a peti- 
tion signed by two-thirds of the electors was presented to the board of directors 
of the school township of Summit and the territory accepted. For. some reason 
not apparent, it was not then presented to the county superintendent, but was 
laid before the board of directors of the Independent District of Sanborn. Said 
board failing to act, an action was brought at the May term of the district 
court in 1898 to compel action. In response to the court's order the board met 
and considered the petition on the eighteenth of June and rejected the same. 

From the decision of the board Irving J. Johnston et al. appealed to the 
county superintendent who affirmed the order of the board, and said parties 
now appeal to the superintendent of public instruction. 

' In all cases of appeal the county superintendent is charged to make such 
decision as may be just and equitable. It is alleged that the decision rendered 
is not that of the county superintendent, but one given by the county attorney. 
We can not concur in the view taken by counsel for appellants. It is not denied, 
however, that the county attorney did submit to the county superintendent an 
opinion. In fact the complete opinion of the county attorney is made a part of 
the transcript. Having heard the evidence, we think she acted wisely and in con- 
formity with law in requesting the county attorney for the correct interpreta- 
tion of the law relating to the issues, before deciding the appeal. 

It is also alleged that the county superintendent erred in refusing to concur 
with the board of directors of the school township of Summit as provided in 
section 2792. A careful reading of the transcript convinces us that the appeal 
is not, in this instance, from the actjon of the county superintendent in refusing 
to concur, but from her decision in aflfirming the order of the board of directors 
in rejecting appellant's petition. 

The question to be determined then is whether the board of directors of the 
Independent District of Sanborn in refusing to concur in the restoration of ter- 
ritory abused its discretion or violated law. The latter is not claimed. 

It is contended that the restoration of the territory is desired in order that 
additional school facilities may be provided for the children of the school town- 
ship of Summit. Such motives are commendable. Doubtless, the refusal to 
consent to the transfer of territory is, in part, for the reason that better school 
facilities are provided appellants by the board of directors in the Independent 
District of Sanborn. 

As a part of the Independent District of Sanborn those residing upon the 
territory in question enjoy several advantages. Among them is that of attending 
a well graded school in which is taught not only the common school branches, 
but the advanced gtudieg ^§ well. Again, if territory is detached it becomes 



SCHOOL LAW DECISIONS 95 

necessary for pupils to travel from the town while now not infrequently convey- 
ances in the regular order of business carry children both to and from school. 
That these advantages are appreciated is evidenced by the remonstrance signed 
by all but one of the present electors having children of school age, and pre- 
sented to the board of directors of the Independent School District of Sanborn 
prior to its action on the eighteenth of June. 

If pupils of the school township of Summit are not enjoying school facilities 
such as are most profitable and the board is desirous of securing increased advan- 
tages it may arrange with any person outside the board for their transportation 
to and from school in the same or in another corporation. Expense incurred 
for such services may be paid from the contingent fund. 

Having carefully considered all of the facts and circumstances entering into 
the merits of the case, we can find no reason to warrant us in disturbing the 
decision of the county superintendent or setting aside the action of the board. 

Affirmed. 
RICHARD C. BARRETT, 

Des Moines, Iowa, February 8, 1899. Superintendent of Public Instruction. • 



E. F. Bacon v. The Independent District of West Des Moines. 

Appeal from Polk Comity. 

Expulsion of Pupils. Pupils may be expelled by the board for immorality, 
violation of the regulations and rules established by the board, or when their 
presence is detrimental to the best interests of the school. 

Jurisdiction. The board of directors of a school corporation have no jurisdic- 
tion over children after the termination of the school year. 

Existing School. The order expelling a scholar must be from an existing 
school. The scholar's relationship with the school is severed when the school 
year has closed and vacation has begun. 

The facts presented for consideration in this case show that on the third day 
of June, 1898, the superintendent of the West Des Moines city schools, in ac- 
cordance with the provisions of section 2782 of the Code, notified the president 
of the board of directors of the suspension of certain pupils, among them Julius 
Bacon, son of the appellant, for acts of disorder, insubordination, and for con- 
duct dertimental. to the best interests of the school. On the sixth day of June 
the board of directors met in regular session and was addressed by the appellant 
in behalf of his son. Several of the suspended pupils present also spoke, 
acknowledged their wrong and asked for reinstatement. Julius Bacon acknowl- 
edged his error but pleaded extenuating circumstances. The board then ad- 
journed without action until June 13th, a week after the close of the school 
year, at which time Bacon was expelled for one year from June 3, 1898, and 
the others from four to seven months. From the action of the board E. F. 
Bacon appealed to the county superintendent who heard the case in regular 
form and affirmed the action of the board. Appellant now appeals to the super- 
intendent of public instruction. 

The law provides that the board of directors may expel any scholar from 
school; first, for immorality; second, for violation of rules; third, when thQ 
presence of the scholar ig 4et?:-iin.en|:al tp ffte l)est interests of the school, 



96 SCHOOL LAW DECISIONS 

To warrant the board in exercising its expulsive power it is not necessary 
that the scholar be a corrupter of youth, or a flagrant, or a persistent violator 
of the established rules. It may, if occasion requires, summarily expel a pupil 
whose presence is considered harmful to the best welfare of the school. 

To deprive a pupil of school privileges however is an act of so much conse- 
quence that it should be decided upon only after all the circumstances entering 
into the case have been thoughtfully weighed. 

The provision authorizing boards to expel when the presence of any scholar is 
harmful is a recent enactment. Formerly courts held that pupils could be 
expelled from school only as a punishment for breach of discipline or for offenses 
against good morals. 

Instances have arisen where pupils intellectually the superior of their asso- 
ciates and possessed of high ideals in many respects have, without displaying a 
spirit of insubordination themselves or openly disregarding the expressed wishes 
of those placed over them, become leaders and incited others to open revolt 
against the school authorities. Recognizing the weakness of the former pro- 
visions of law to deal with such cases, the general assembly in revising the 
code inserted the third division above given in order that boards could protect 
the interests intrusted to them. While the provision is an excellent one, the 
power conferred by it should always be exercised with great care and within 
proper and legal limits. 

Several questions are presented to us for consideration by counsel for ap- 
pellant. In view of the construction we feel obliged to put upon section 2782 
it is only necessary to determine the question: Has the board of directors of a 
school corporation jurisdiction over children after the termination of a school 
year as determined by the board of directors? 

We are unable to find that this question has ever been determined by the 
supreme court of our state; hence to a certain extent reliance is placed upon the 
holdings of the judicial tribunals in other states. In a Nebraska case given in 
48 Northwestern Reporter we find that an attempt was made to show that the 
board was justified in expelling a pupil because of an alleged insubordination. 
In answer to the allegation the court said: "But the charge even if true relates 
to her conduct during a former term of school. We need not determine therefore 
whether the testimony sustains that charge or not." Here the court declined to 
consider alleged charges of insubordination because they were committed at a 
term of school having previously closed. 

The statute says that the board of directors have power to "expel any scholar 
from school." This language evidently means that before a board of directors 
may issue a valid order expelling a scholar from school, there must be an 
existing school and also a scholar to be expelled therefrom. 

The transcript shows that all school exercises for the year had closed, con- 
tracts had expired and teachers were released. 

While boards of directors are charged with the making of rules for the gov- 
ernment of schools, we are not disposed to hold that the law authorizes them to 
exercise control over teachers and pupils during vacation. Notwithstanding the 
fact that the board in this case ordered one pupil expelled for four months, three 
of which are for the vacation months of June, July and August, we are not fully 
satisfied that the board claims such authority or wishes to be charged with the 
responsibility. If ?uch is the view taken, however, it can not be sustained. 



SCHOOL LAW DECISIONS 97 

Julius Bacon had been a scholar the past year but the relationship was 
severed at the time of the board's action. There is nothing to indicate that he 
would present himself and claim school privileges at the opening of the next 
year. 

We are always gratified when we can affirm the decision of a county super- 
intendent who has sustained a discretionary act of a board. A statement of 
fact such as was in this case presented to the county superintendent for his con- 
sideration would warrant an affirmance of a board's action in expelling a 
pupil for a reasonable time, if jurisdiction were not questioned. 

Inasmuch as there was no school and consequently no scholars we can only 
find that Julius Bacon was not subject to the authority of the board of directors 
of the school corporation of West Des Moines and could not therefore be expelled. 

The decision of the county superintendent is Reversed. 

RICHARD C. BARRETT, 

Des Moines, la., March 18, 1899. Superintendent of PuMic Instruction. 



E. F. Bacon v. Independent School District of West Des Moines. 

Appeal from Polk County. 

Application for Rehearing. 

Oral Argument. The failure of counsel for appellee to present oral argument, 
after being infor^ied of the hearing, will not justify a reopening of the case. 

Rehearing. To warrant the superintendent of public instruction in granting a 
rehearing it must be shown that some very serious error has been made. 

The attorney for the appellee comes now and asks for a rehearing in the 
above cause for the reason "that the sole question considered by the state super- 
intendent was one upon which this appellee was not heard in oral argument be- 
fore him." 

For many years it has been the custom of the department of public instruc- 
tion in hearing appeal cases to notify interested parties. The office record shows 
that both appellant and counsel for appellee were notified of the time set for 
final hearing. The failure of counsel for appellee to present oral argument after 
being duly informed of the hearing will not justify the department in reopening 
the case. 

It is somewhat doubtful whether under the law a rehearing is contemplated 
or possible. An examination of the statute falils to reveal any direct provision 
authorizing the same, while section 2820 relating to appeals to the superintend- 
ent of public instruction says: "The decision when made shall be final." 
Doubtless, upon being convinced that a decision rendered was erroneous, either 
the county superintendent or superintendent of public instruction might recall 
the same and reverse or modify former holdings. To warrant either of these 
officers in reopening a case, it must be shown that some very serious error 
has been made, or that some additional testimony has been discovered which 
could not have been presented at the former ' hearing by using reasonable dili- 
gence. See case of Mary Grey v. Independent District of Boyle, S. L. 1897. 

In response to the application for a rehearing a willingness to receive and 
consider a written argument which counsel for appellee might submit touching 

7 



98 SCHOOL LAW DECISIONS 

the point determined in our former decision was expressed by the superintend- 
ent of public instruction. Before rendering our decision of March 18, 1899, all 
of the material points suggested were fully and carefully considered. Since the 
receipt of counsel's argument we have reviewed the case and read with care 
the cases cited, and believe that nothing would be accomplished by a rehearing. 

The application is Denied. 

RICHARD C. BARRETT, 

Des Moines, Iowa, June 1, 1899. Superintendent of Puilic Instruction. 



W. H. Messner and Foster Rigler v. The School Township of Hear Grove. 
Appeal from Guthrie County. 

Bond for Costs The law does not require the filing of a bond for costs or the 
giving of security therefor as a condition necessary to perfect an appeal. 

Expense of Appeals. It is the evident intent of the law to make it possible for 
aggrieved parties to have a hearing with the least possible delay and annoyance, . 
and at the lowest expense. 

This case arises from the action of the board of directors of the school town- 
ship of Bear Grove to redistrict the same. 

From the board's action the appellants appealed to the county superintendent. 
In accordance with the statute the secretary of the board of directors filed a 
transcript of the board's proceedings March 15th. On the twenty-second of 
March the county superintendent notified appellants that the appeal was not 
perfected, and that unless bonds for the costs were executed, filed and approved 
within twenty days from the date of notice the appeal would be dismissed and 
the action of the board of directors affirmed. On the eleventh of April, the ap- 
pellants having failed to comply with the order of the county superintendent 
the appeal was dismissed and the order of the board redistricting the town- 
ship affirmed. From this order appeal is now taken to this department. 

Appellants appeal from the ruling of the county superintendent in dismiss- 
ing the appeal case, affirming the action of the board, and in requiring them to 
give bonds for costs: 

1. Because the county superintendent erred in requiring appellants to give 
bond for costs. 

2. Because said ruling and action is, in fact, a denial of justice, in that it 
prevents appellants from having a trial and hearing as provided by law. 

An examination of the law relating to the taking of appeals from the action 
of a board of directors to the county superintendent fails to show any require- 
ment demanding a bond for costs from any of the parties in controversy. So 
far as we are able to learn, the only reference to costs in cases appealed to the 
county superintendent, is that contained in section 2821, which reads: "But if 
the superintendent, is of the opinion that the proceedings were instituted with- 
out reasonable cause therefor, or if, in case of an appeal, it shall not be sus- 
tained, he shall enter such findings in the record and tax all costs to the party 
responsible therefor." 

The general provisions of law touching the question of costs are in no sense 
applicable to cases of appeal to the county superintendent or the department of 
public instruction. On the contrary, the law provides that any person aggrieved 



SCHOOL LAW DECISIONS 99 

by any order or decision of the board of directors may appeal therefrom to the 
county superintendent, and the basis of the proceedings shall be an affidavit filed 
with the county superintendent, within the time for taking the appeal. Nowhere 
can we find that the county superintendent is authorized to establish a different 
basis such as the giving of bonds for the security of costs. The evident intent 
of the law relating to appeals appears to be to make it possible for aggrieved 
parties to have a hearing with the least possible delay and annoyance and at 
the lowest expense. 

Believing that the law does not require the filing of a bond for costs or the 
giving of security therefor as a condition necessary to perfect an appeal taken 
from the action of the board of directors, the decision of the county superintend- 
ent is reversed and the case is remanded with instructions to fix an early date 
for hearing the same upon merit. Reversed and Remanded. 

RICHARD C. BARRETT, 

June 26, 1899. Superintendent of PuJ)Uc Instruction. 



NoKA Oelke v. R. C. Spencee, County Superintendent. 

Appeal from AuduVon County. 

Good Moral Character. The county superintendent should require proof that 
the applicant for a certificate possesses good moral character, unless he has 
personal knowledge of the same. 

Refusal of Certificate. Good moral character being one of the essential qual- 
ifications of a teacher, the county superintendent is fully justified in refusing a 
certificate to an applicant who fails to furnish satisfactory evidence of such 
character. 

Normal Institute. The county superintendent may refuse to enroll such per- 
sons members of the normal institute as he has reason to believe are morally 
deficient. 

County Superintendent. Has large discretionary power in the matter of issu- 
ing or withholding certificates, and his decision will not be reversed unless it is 
clearly shown that he was prompted by prejudice or ill-will, or acted with mani- 
fest injustice. 

This case arises from the refusal of the county superintendent to grant Nora 
Oelke a certificate to teach in the public schools, and to enroll her as a member 
of the normal institute. 

A hearing was had on the twenty-third and twenty-fourth days of August, 
1899, before the superintendent, who affirmed his former decision. Nora Oelke 
appeals. 

The law vests in the county superintendent large discretionary powers in the 
matter of issuing certificates. He must be fully satisfied that the applicant pos- 
sesses scholarship, teaching ability, and good moral character. Of the last 
named qualification the law makes it his duty to require proof, unless he has 
personal knowledge of the same. 

Too great stress can not be laid upon the value of character in the school- 
room. The teacher's character and public conduct sbould be without reproach. 



100 SCHOOL LAW DECISIONS 

Section 2737 of the Code contemplates that the county superintendent, among 
other things, should find as a fact and so certify that the person to whom 
authority to teach is granted is of good moral character. 

The county superintendent, being charged with this grave responsibility, is 
presumed to exercise his discretion justly and impartially. Not only is he the 
sole judge of the qualifications of those who desire to teach, but also of how 
fully he will give the applicant reasons for the refusal of a certificate. WalJcer 
V. Crawford, p. 42, S. L. Decisions, 1897. 

There is no evidence in this case that the action of the county superintendent 
was prompted by prejudice or ill-will. He privately cautioned the appellant, as 
well as her father, against certain indiscretions upon her part which had become 
a matter of public gossip, without receiving any satisfactory explanation. 

The superintendent, being a near neighbor to the appellant, formed his judg- 
ment as to her fitness to teach in a measure from personal observation of her 
conduct. Although represented by counsel at the hearing before the county 
superintendent, the evidence offered in her behalf is very meager. So far as the 
record shows, no evidence whatever was offered to show that she is of good 
moral character. 

The refusal of the county superintendent to permit appellant to enroll as a 
member of the normal institute, is also assigned as error. 

Under the law the county superintendent has general charge and control of 
the normal institute. As its head he not only possesses the legal right, but in 
our opinion it becomes his duty to exclude from its membership persons who 
are intellectually or morally unfit to attend. Most educational institutions re- 
quire testimonials as to character before students are admitted. This rule is a 
reasonable one, and the head of a college or normal institute would be justified 
In refusing to enroll such students as he has reason to believe are morally 
deficient. 

Under the law we are compelled to give due weight to the acts of the county 
superintendent. His decision should not be reversed unless it is clearly shown 
that he violated the law, abused his discretion, or acted with manifest injustice. 
The evidence fails to disclose that such showing has been made. 

The decision of the county superintendent is therefore Affibmed. 

RICHARD C. BARRETT, 

Des Moines, December 15, 1899. Superintendent of Pul)Uc Instruction. 



J. M. Sutton v. The Independent Distbict of Shelbt. 

Appeal from Shelby County. 

Location of Schoolhouse Site. In the location of a schcolhouse site the board 
is justified in considering the wishes of a majority of the people as indicated in 
the vote upon the issuance of bonds. 

Expenditure of Money. Where money is voted by the electors for a specific 
purpose, or where they couple certain directions with their vote when authoriz- 
ing the expenditure of money, such directions or vote may not be disregarded 
by the board. 

The board of directors, being about to erect a new building to be used for 
high school purposes, were petitioned to locate the S3,me at a point east of the 



SCHOOL LAW DECISIONS 101 

railroad track. From their action in refusing to grant the prayer of said peti- 
tion, the plaintiff appealed to the county superintendent, who, on the twenty-first 
day of September, 1899, affirmed the action of the board. From that decision, 
appeal is taken to this department. 

It appears from the evidence that in March, 1899, the electors of the Inde- 
pendent District of Shelby voted to authorize the board to issue bonds in the 
sum of six thousand dollars, "for the purpose of erecting an additional school 
building, the same to be built of brick, and purchasing a steam heating plant 
and placing it therein and in the present building in said district, in such a 
manner as that both the new and the present school building shall be heated 
thereby." It being subsequently found that the amount first voted would be 
insufficient, the electors on the third day of August voted an additional three 
thousand dollars upon the same condition as the first issue was voted. 

We are unable to find that the board abused its discretion or violated law 
in rendering the decision complained of. The members of the board were evi- 
dently desirous of carrying out the wishes of the people as indicated in the vote 
upon the issuance of bonds. To our mind it is quite clear that the cslectors 
authorized the issuance of bonds with the understanding that the new build- 
ing should be erected in close proximity to the present one. Any other theory 
renders the clause, "and placing a steam heating plant there In and in the 
present school building in such a manner as that both the new and the pres- 
ent buildings shall be heated thereby," practically meaningless. 

This department, as well as the supreme court of our state, has held that 
where money is voted for a specific purpose, or where the electors couple certain 
directions with their vote when authorizing the expenditure of money, such 
directions or vote can not be disregarded. 

The decision of the county superintendent is Affiemed. 

RICHARD C. BARRETT, 

Des Moines, December 14, 1899.' Superintendent of Public Instruction. 



J. E. Rush et al. v. School Township of Franklin. 

Appeal from Allamakee County. 

Appeal. An appeal may be taken from the decision of the board to place a peti- 
tion on the table. 

In this case the appellants presented the following petition to the board of 
directors of the school township of Franklin at the regular meeting of the board 
of directors in September: 

"We the undersigned citizens and residents of Franklin, in Allamakee county, 
Iowa, respectfully represent that they are without school advantages by reason of 
being so far from a schoolhouse that during the winter season nearly all of the 
small children in our neighborhood have to remain at home. 

"That there is a sufficient number of school children of school age in our 
neighborhood to form a school if a school building could be placed near the sec- 
tion corners of sections 2, 3, 10 and 11. 

"We therefore respectfully ask that you take such action as will secure the 
location and erection of a school building at the corners of the sections above 
named and provide for a school to be held at that point." 



102 SCHOOL LAW DECISIONS 

The certified copy of the transcript of the proceedings of the board shows that 
"after much discussion it was decided to place the petition on the table until the 
next meeting of the board." From this decision J. E. Rush et at. appealed to 
the county superintendent. At the hearing before this officer a motion to dis- 
miss the appeal was filed on the following ground, to-wit: 

"That there is in the record no grounds shown for an appeal In this — that the 
action complained of was simply a motion to lay the petition on the table — a 
matter from which no appeal can be taken." 

Two other counts are assigned but are not of importance in the determination 
of this appeal. 

The county superintendent sustained the motion for the reason "that the 
action was not appealable," and dismissed the case. J. E. Rush and W. T. 
Roderick appeal to this department. 

The main contention is: May appeal be ta,ken from the decision to place the 
petition on the table. 

In the case of Rogness v. District Township of Glenwood, appeal from Winne- 
shiek county, this department held that the right of appeal from the vote of a 
board to lay a petition on the table, can not be questioned, but like any other 
action must be regarded as subject to appeal. 

In this opinion we find ourselves in accord. To hold otherwise under condi- 
tions such as are alleged to exist in this case would, we think, work great injury. 
The purpose of the board in laying the petition on the table is not apparent, but 
no other action upon their part could have more effectually prevented petitioners 
from obtaining relief. To sustain the decision of the county superintendent 
would, we think, at least be to encourage boards of directors in employing dila- 
tory tactics instead of business methods in the transaction of educational affairs. 

The law prescribes that boards of directors shall hold semi-annual meetings in 
September and March. By section 2801 authority is conferred upon boards of 
directors to divide the school township into subdistricts such as justice, equity, 
and the interests of the people require. This provision in the case of Donelon v. 
The District Township of Kniest, was held to mean that changes in bounadries of 
subdistricts could only be made at the regular September meeting or one called 
for that purpose before the following March. 

The order of the board was that the petition be laid on the table "until the 
next meeting of the board," but the records fail to show that any time was fixed 
for Lue meeting. 

It may be said that a special meeting could be called at any time. This is 
true, but the fact that no such meeting was held up to the time of hear- 
ing the appeal before the county superintendent on the nineteenth of Decem- 
ber, and the further fact that appellees are now strenuously seeking to have this 
department afiirm the decision, is presumptive that the board had no intention 
of considering the interests of petitioners, prior to the annual meeting in March, 
if at all. 

In view of the above we think the case should be heard upon its merits by 
the county superintendent. It is therefore ordered that he fix a time, giving 
due and proper notice to interested parties, and after hearing testimony for 
either party, render such decision as may be just and equitable. 

Reversed and Remanded. 
RICHARD C. BARRETT, 

Pes Moines, Iowa, March 27, 1900, Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS 103 

A. J. Jones v. Independent District of Ocheyedan. 

Appeal from Osceola County. 

Dis'MissAL OF Teacher. The board may not dismiss a teacher for refusing to 
teach grades or classes other than those named in the contract. 

Special Meeting. A teacher may not be discharged at a special meeting called 
for the purpose of securing modification of his contract. 

Contract. A refusal of the teacher to agree to a change in a legal contract with 
the board is no ground for discharge. 

On March 23, 1899, the appellant entered into a written contract in the usual 
form by the terms of which he was to "teach the high school and superintend 
the public school" in the Independent District of Ocheyedan for the term of 
twenty-four weeks, commencing in September, 1899, and was to receive for such 
service the sum of seventy-five dollars per school month. 

On September 11, the opening day of the term, the board of directors at 
a special meeting convened at the schoolhouse passed the following resolution: 

"Whereas, The principal, A. J. Jones, has refused to accede to the request 
of the board in regard to the eighth grade being advanced to the high school 
room, he is hereby dismissed as principal and superintendent of the Ocheyedan 
public schools from this date, and his contract is hereby annulled." 

From the order of the board appeal was taken to the county superintendent, 
who affirmed the action of the board, and the appellant now seeks relief in 
this department. 
Appellant asks a reversal chiefly on two grounds, viz.: 

(1) That the eighth grade was no part of the high school and for that 
reason it was no part of his duty to teach it. 

(2) That he was not accorded that full and fair investigation contemplated 
by the law as set forth in section 2782. 

These two points will be considered in the order presented. 

1. We find from the transcript that at a meeting of the board of directors 
held October 10, 1898, the appellant was requested to prepare a three years' 
course of study for the high school, and also a set of rules and regulations for 
the government of the schools. 

Appellees earnestly contend that the power to prescribe a course of study and 
rules and regulations, rests with the board, and that in the absence of delegated 
authority to re-delegate such power, no power exists to thus delegate, and any 
attempt to do so is void. This question we need not determine, as no action 
of the board shows that it attempted to delegate any authority to appellant. 

A reasonable construction of the board's action providing that the principal 
prepare a course of study, is that he might make such course as would in his 
judgment meet the needs of the schools under his supervision, and submit his 
report to the board for approval, modification or rejection. This method is that 
usually adopted by boards, and the principle has indirectly been approved by the 
supreme court. (Hall v. Ind. District Aplington, 82 Iowa, 686.) 

At a special meeting of tite board on October 15, 1898, the course pre- 
pared by appellant, together with rules and regulations, was adopted, and 
according to the testimony of Mr. Underhill was, so far as completed, 
printed by him on the order of the board in November following. It must, 



104 SCHOOL LAW DECISIONS 

we think, be conceded that the board adopted the course of study with suit- 
able regulations. We are led to this conclusion by the further fact that 
the board on September 11, 1899, voted to rescind the action of October 15, 
1898, in reference to the course of study. The query naturally arises, why 
this action if no course were adopted? 

The contract entered into by the board with appellant was made in 
March following the adoption of the course, and, as above stated, provided 
that he should teach the high school, which, according to the classification 
adopted October 15th, consisted of the ninth, tenth and eleventh grades. 

Did the board have the right to dismiss appellant for refusing to teach 
grades or classes other than those named in the contract? We think not. 
To answer affirmatively would be equivalent to stating that boards of 
directors have abrogative power relating to contracts with teachers. To 
allow them to repudiate contracts and force other parties to perform duties 
not agreed upon would, we think, be to encourage a breach of contract and 
a breach of faith. 

If a board has a right to modify, without consent, a contract to the 
extent of requiring a principal to teach an eighth grade not contemplated 
when the contract was made, there would appear to be no limit; and a hos- 
tile board could demand that a teacher under contract to give instruction 
in high school branches should teach primary pupils, or vice versa; and upon 
failure to execute in a satisfactory manner the demands of the board, dis- 
charge him for incompetency. 

2. This case differs from that usually presented. There are no charges 
of incompetency, inattention to duty, partiality, or immorality. The testi- 
mony and the record show that appellant began his school September 11th 
at the usual hour of opening. 

The board of directors met on the afternoon of September 11th and 
after rescinding the action of October 15th, 1898, whereby a course of 
study was adopted, "adjourned to meet at the schoolhouse at once." Here 
the appellant was discharged as stated in the resolution above given. 

Was the meeting such as the law contemplates shall be held in cases 
of this kind? The law wisely provides that a teacher may only be dis- 
charged after an impartial trial held for that purpose. In all the testi- 
mony, there is no disagreement as to the purpose of the meeting. It was 
for the purpose of getting the appellant to modify the contract by accepting 
the eighth grade, and not for the purpose of discharging him. He was 
called into the presence of the board and informed of its purpose. 

Appellant stated in his reply, which was written, and which he was asked 
to give at once, that he was ready to fulfill his contract; that if the board 
had rescinded its action in regard to a course of study he would like to 
know what the course of study for the high school should be, and the 
duties of the superintendent under the same. He expressed a willing- 
ness also to teach even the eighth grade for a reasonable amount of addi- 
tional salary. 

In view of this expressed willingness of appellant to do that which seems 
reasonable, we are unable to justify the action of the board. We think a 
compromise might well have been attempted, and proven at least reasonably 
satisfactory to both parties. The whole case has been given most earnest 
attention, and we can not find that appellant was discharged for good and 



SCHOOL LAW DECISIONS 105 

sufficient cause, after that impartial investigation contemplated. His dis- 
missal under all the circumstances revealed by the record can not be ap- 
proved. Reversed 

RICHARD C. BARRETT, 
Des Moines, Iowa, May 12, 1900. Superintendent of Public Instruction. 



J. W. Lytle v. School Township of Washington. 

Appeal from Story County. 

Independent District Boundaries. It is mandatory upon the board of a school 
township to include in a proposed independent district all of the territory 
within the corporate limits of the town. 

Incorporated Town. In the formation of an independent district under section 
2794 of the Code, all the town must be included in the proposed district, not- 
withstanding the fact that said town was formerly located partly in a school 
township and partly in a rural independent district. 

Boundaries. The extension of the boundaries of a municipal corporation ex- 
tends the boundaries of the independent district of said municipal corporation. 

On February 17, 1900, at a special meeting of the board of directors of 
the school township of Washington there was presented a petition of thirty- 
three citizens of the town of Kelly, asking the establishment of an inde- 
pendent district, including therein all of the incorporated town. 

After discussion, the matter was deferred for a week in order that 
the board might more thoroughly investigate and obtain an opinion of 
the county superintendent, county attorney, and other unbiased counsel, 
if deemed necessary. 

At the date fixed the board met and established the boundary lines for 
the new district, as requested by petitioners. 

On March 6, 1900, J. W. Lytle et al. appealed from the order of the 
board to the county superintendent, who reversed its action. 

From the plat submitted, it is shown that the town of Kelley is situated 
on the township line in the townships of Washington and Palestine, and in- 
cludes the following territory: 

The south three-fourths of section thirty-one (31), and the south three- 
fourths of section thirty- two (32), west one-half of section thirty-three 
(33), range thirty-three (33), township twenty-four (24), in Washington 
township; the northwest quarter (%), of section four (4), north one-half 
(%) of section five (5), and north one-half (i/^) of section six (6), in 
Palestine township, range eighty-four (84), township twenty-four (24). 

The chief point in controversy is, has the board of directors of a school 
township authority in establishing the boundary lines of a proposed inde- 
pendent district to include in the new district any part of the territory 
of adjacent rural independent districts? Generally speaking, such terri- 
tory can not be included. 

Section 2794 of the code provides, however, that "upon the written 
petition of any ten voters of a city, town or village of over one hundred 
residents, to the board of the school township in which the portion of the 



106 SCHOOL LAW DECISIONS 

town plat having the largest number of voters is situated, such board shall 
establish the boundaries of the proposed independent district, including 
therein all of the city, town or village." 

The section clearly indicates that it is mandatory upon the board to 
include in the proposed district all of the territory within the corporate 
limits of the town, regardless of whether or not the territory in part be- 
longs to rural independent districts. Failure to do so would, we think, 
be a plain violation of law. 

It is true, as held by the county superintendent in his opinion, that no 
independent district may, in the formation of a new district, be subdivided 
so as to contain less than four sections of land, except in certain instances 
enumerated in section 2798. It is also true that "the independent district 
from which territory is detached shall, after the change, contain not less 
than four government sections of land," etc. (Section 2 793.) We are of 
the opinion that these limitations apply to the cases set forth in the sec- 
tions cited, and are not applicable when it is proposed to form an inde- 
pendent district containing an incorporated town, located largely in a 
school township, and in adjacent rural independent districts. 

On March 23, 1899, in answer to the question: "Does the law as 
found in chapter eighty-nine (89), acts of the twenty-seventh general as- 
sembly, contemplate that 'when the corporate limits of any city or town 
are extended outside of the existing independent district or districts, the 
boundaries of said independent district or districts shall be also correspond- 
ingly extended,' without regard to township or county lines, manner of 
organization of the district or districts from which territory is taken, or 
the condition in which such district or districts will be left after the terri- 
tory has been taken?" Hon. Milton Remley, attorney-general, in concluding 
his official opinion to the department said: 

"My conclusion is that the extension of the boundaries of a municipal 
corporation made in the manner required by law, extends the boundaries 
of the independent districts of said municipal corporation, without any 
action on the part of the school districts or their officers, and regardless 
of the effect of such change upon the district from which territory is 
taken." 

Thus it appears that while section 2794 makes it the duty of the board 
to include all of the territory of the city, town or village in the formation 
of a new independent district, chapter eighty-nine (89) provides for the 
enlargement of the boundaries of the independent district, whenever the 
corporate limits are legally extended. So broad is this provision that the 
extension of the boundaries of the municipal corporation, so as to include 
an entire district or districts, correspondingly extends the boundaries of 
the independent district. 

Though the opinion quoted has special reference to the extension of the 
boundaries of the municipal corporation, we think the holding applicable 
in the case before us. 

We can not find that the board violated law, abused its discretion, nor 
acted with prejudice or malice. 

The decision of the county superintendent is, therefore. Reversed. 

RICHARD C. BARRETT, 

July 3, 1900. Superintendent of Public Instruction, 



SCHOOL LAW DECISIONS 107 

G. N. Wilson v. Independent District of Hiteiman. 

Appeal from Monroe County. 

Expulsion of Scholae. The board may, by a majority vote, expel any scholar 
from school for immorality, or for any violation of the regulations or rules 
established by the board. 

Notice. The law does not require school boards to give parents or pupils no- 
tice or a chance for defense before ordering suspension or expulsion. 

Action of the Board. Must be affirmed in the absence of showing of malice, 
prejudice, or violation of law. 

The majority of the board of the Independent District of Hiteman ex- 
pelled a son of the appellant, a pupil in room No. 3, from the school and 
school grounds for bad and immoral conduct. From the action of the 
board, appeal was taken to the county superintendent, who sustained the board, 
and an appeal is taken to the superintendent of public instruction. 

Section 2 782 provides that the board may, by a majority vote, expel 
any scholar from school for immorality, or for any violation of the regula- 
tions or rules established by the board; and it may also confer upon any 
teacher, principal or superintendent the power temporarily to dismiss a 
scholar, notice of such being at once given in writing to the president of 
the board. 

The record presented shows that the board had by Rule No. 2 conferred 
upon the principal the "power to suspend any pupil for repeated disobedi- 
ence; for filthy or immoral habits or language, for injuring or defacing 
school property, or for any intentional violation of the rules." Under the 
authority thus conferred, the principal did, on the seventeenth day of De- 
cember, 1900, notify the president of the board of the dismissal of J. 
Wilson, for conduct unbecoming a pupil. On the following day the board 
in special session sustained the order of the principal "until such time as 
his parents shall give assurance to the school board that he will comply 
with the rules of the school." 

In appealing to the county superintendent, appellee alleges that said 
pupil was "expelled without cause and without legal notice or chance to 
defend." Appellant seems to have an erroneous idea regarding the power 
of a board to dismiss a pupil. The law does not demand that the board 
shall give parents or pupils notice or chance for defense before ordering 
suspension or expulsion. The power to expel a pupil is wholly within 
the discretion of the board. However, the undisputed testimony of the 
principal goes to show that the father of the boy was notified by a mem- 
ber of the board of the meeting to be held for the purpose of investigating 
the case. 

A careful examination of the entire record submitted fails to reveal 
that the action of the board is in any way tainted by malice or prejudice, 
or that there has been a violation of law. In expelling the pupil until such 
time as he was willing to conduct himself properly and obey the reason- 
able regulations of the school, we think the board acted in a very conserva- 



108 SCHOOL LAW DECISIONS 

tive and proper manner, and that the county superintendent was justified 
in sustaining its action. 

The decision of the county superintendent is Affirmed. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 
Des Moines, Iowa, May 27, 1901. 



H. A. Topping and Thomas Williams v. School Township of Union. 

Appeal from Van Buren County. 

Correction of Decision. The superintendent, in the discharge of his judicial 
duties, may, within a proper time, recall and correct a decision erroneously 
rendered. 

Decision. The county superintendent is warranted in rendering a decision 
based upon certain conditions. 

This case arises from the action of the hoard of directors of the school 
township of Union in voting to remove the schoolhouse in subdistrict num- 
ber four from its present location to a site one-half mile south and one mile 
west. 

Upon appeal to the county superintendent, it was shown that the chil- 
dren from the families of appellants would be nearly or quite two and one-half 
miles from the schoolhouse located upon the new site. The county superintend- 
ent remanded the case to the board July 1st, with the recommndation that 
it make provision for the schooling of the children in adjacent districts, 
provided they desire to attend, "but if that is not done we will be com- 
pelled to reverse the action of the board." On July 16th a statement 
signed by the president and secretarj' pro tem. of the board of directors of 
Union township was filed, alleging that the board had made arrangements 
to send appellants' children to school in accordance with the decision. 
On the same date attorneys were notified that the action of the board 
was sustained. On July 23d counsel for appellants filed a statement from 
the board of directors of the Independent District of Winchester to the 
effect that "no provision has been made with the board of the school town- 
ship of Union for the schooling of the children of Thomas Williams." On 
the following day counsel filed a motion, asking that the decision rendered 
July 16th be set aside, since the board had failed to carry out its pro- 
visions. 

In passing upon this motion the superintendent held, that since notices 
had been, sent to interested parties that the action of the board was sus- 
tained, the case was closed and could neither be reopened nor the decision 
set aside. 

In this conclusion we think the superintendent unintentionally erred. In 
the case of Desmond v. the Independent District of Glenwood, 71 Iowa, page 23, 
the supreme court held: 

"The superintendent of public instruction, in the discharge of his ju- 
dicial duties, has the power to correct mistakes in rendering judgments in 
a case before him possessed by all courts and judicial olEcers. If, through 
mistake, he should announce a decision differing from the decision actually 



SCHOOL LAW DECISIONS 109 

rendered, he possesses the power to recall such an announcement, and pub- 
lish the decision correctly; or if, mistakenly, he should render a decision, 
he could, before rights had been acquired under it, and within a proper 
time, upon discovering the mistake, recall it and decide rightly." We 
think that the county superintendent has the same power. 

By the provisions of section 2 774 the board of directors has power to 
contract with boards of other school townships or independent districts 
for the instruction of children who live at an unreasonable distance from 
their own school; and we think the county superintendent was warranted 
in rendering a decision based upon certain conditions. 

The case is remanded to him with the suggestion that he reopen the 
same, and give all parties interested the opportunity to show clearly and 
definitely that there has or has not been a compliance with the decision. 

If such showing is not made within a reasonable time, it is recom- 
mended that he make such decision as to him appears just and equitable, 
after taking into consideration the geographical position, number and con- 
venience of pupils. From the decision, any party aggrieved will have the 
right to appeal. Remanded. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 

Des Moines, Iowa, November 13, 190'' 



F. E. Hammer v. Will Cook. 

Appeal from Adair County. 

Constitutionality of Laws. It is not the province of the county superintend- 
ent or of the superintendent of public instruction to determine the constitution- 
ality of the law, since these officers exercise ministerial rather than judicial 
powers, and no appeal may be had to the supreme court. 

Jurisdiction of Superintendent. It is the duty of the county superintendent 
and of the superintendent of public Instruction to give effect to the law as 
interpreted by the courts. 

Costs — Taxing of. The costs in cases triable before the county superintendent 
should be paid by the party instituting the proceedings unless there were 
good and sufficient reasons for beginning the action and the allegations have 
been proved. 

Costs — Taxing the Corporation. Under section 2821, where the county super- 
intendent could not under her findings tax the costs to the plaintiff because 
there was reasonable cause for instituting the proceeding, nor to the defendant 
for the reason that she had to find for said defendant, she must tax them to 
the school corporation. 

On the twelfth day of January, 19 04, Mrs. Ella C. Chantry, county 
superintendent of Adair county, in rendering a decision in the above en- 
titled case, taxed the costs amounting to $51.05 to the school township of 
Harrison. Thereupon the school township, through its attorney, filed a 
njotioji with the county superintendent to retax the costs, and on the ninth 



110 SCHOOL LAW DECISIONS 

day of February, 1904, the motion was overruled. From this action of 
the county superintendent, the board of directors of the school township of 
Harrison appeals to the superintendent of public instruction. 

Two questions only need be considered: First, had the county superin- 
tendent warrant in law to tax the costs to the school township; and, sec- 
ond, if she had such warrant, did she abuse her discretion in so taxing? 

Section 2 821 of the code says: 

"The county superintendent in all matters triable before him shall have 
power to issue subpoenas for witnesses, which may be served by any peace 
officer, compel the attendance of those thus served, and the giving of evi- 
dence by them, in the same manner and to the same extent as the district 
court may do, and such witnesses and officers may be allowed the same 
compensation as is paid for like attendance or service in such court, 
which shall be paid out of the contingent fund of the proper school cor- 
poration, upon the certificate of the superintendent to and warrant of the 
secretary upon the treasurer; but if the superintendent is of the opinion 
that the proceedings were instituted without reasonable cause therefor, 
or if, in case of an appeal, it shall not be sustained, he shall enter such 
findings in the record, and tax all costs to the party responsible there- 
for." 

The transcript of this case shows that the plaintiff, F. E. Hammer, pre- 
ferred charges against Will Cook, a teacher, and sought to secure the 
revocation of the certificate of said Cook. The two parties in interest were 
Hammer and Cook. Counsel for appellant argues that the school township 
"was in no way made a party to the proceedings, had no notice therein, 
nor any opportunity to appear, defend or prosecute said proceedings;" 
and that the order of the county superintendent in taxing the costs to the 
school township, if sustained, would deprive the school township of its 
property without due process of law. It is, therefore, urged that section 
2821 of the code, in so far as it attempts to confer jurisdiction to tax costs 
to school corporations, where such a school corporation was not a party 
to the proceedings, is unconstitutional, and we are asked to so declare it. 
This, manifestly, we can not do, since no appeal can be taken to the su- 
preme court from a decision of the superintendent of public instruction. 
We are obliged to give effect to the law as it stands until the same is 
annulled by the supreme court. Section 2 821 plainly makes it the duty 
of the county superintendent to tax the costs in "all matters triable before 
him," either to the school corporation or to the party responsible for bring- 
ing the case. 

If the county superintendent could not, under her findings, tax the costs 
to F. E. Hammer, she was obliged to tax the costs to the school township 
of Harrison, and if the constitutionality of the law under which this power 
was exercised is to be questioned, the school township should seek to secure 
an order from the district court to set aside the judgment. 

But, had F. E. Hammer reasonable cause for instituting the proceed- 
ings? The county superintendent in her decision says: "I find that this 
proceeding was begun in good faith and that he (F. -E. Hammer) had rea- 
sonable cause for filing the information." In support of this conclusion 
the evidence shows that the most serious allegations of the information 
were sustained — that the teacher had resorted to methods of punishment 
that can not be approved, and that in the course of a fight with two of the 



SCHOOL LAW DECISIONS 111 

large boys of the school he had used obscene and indecent language. But 
there were extenuating circumstances, and the certificate was not re- 
voked, the superintendent instead reprimanding the teacher for his errors. 

We are of the opinion that the costs in cases triable before the county- 
superintendent should be paid by the party instituting the proceedings, 
unless there is very good cause for beginning the same and the allega- 
tions are fully proved. In the case before us the allegations of the plain- 
tiff were sustained by the evidence, and while the prosecution was, no 
doubt, prompted in part by malice, in the exercise of her discretionary pow- 
ers conferred by section 2 821 of the code, the county superintendent re- 
fused to tax the costs to the plaintiff, F. E. Hammer. We do not find 
sufficient cause for reversing this decision, it being a well recognized rule 
of the courts that in the absence of an affirmative showing of an abuse of 
discretion, the presumption is that it was properly exercised. (58th Iowa, 
page 131.) Affirmed. 

JOHN F. RIGGS, 
Superintendent of Public Instruction. 

Des Moines, Iowa, May 25, 1904. 



G. E. Hancock et al. v. School Township of Franklin. 

Appeal from Allamakee County. 

Power of Committee of a School Board. A school board may not confer upon 
a committee authority to purchase a site, contract for the erection of a school- 
house or perform any other duty enjoined upon the board by the law. 

School Privileges — Transportation. While it is incumbent on the board to 
furnish reasonable school privileges for all the children of the township, it is 
often the better plan to transport pupils to existing schools than to establish 
additional schools. 

Redistricting — Entire Corporation Considered. A school board in establish- 
ing subdistrict boundaries must consider the interests of all in the corporation. 

At a regular meeting of the board of directors of the school township 
of Franklin, held on the twenty-first day of March, 1904, a motion was 
adopted by unanimous vote by which the president of the school board 
was empowered and instructed to "appoint a committee of three to lease 
a schoolhouse site to set the No. 9 schoolhouse on. That this committee 
be empowered to let contract of moving schoolhouse, surveying school site, 
and all other work pertaining to such work, and are authorized to draw 
orders on the treasurer to pay for the same." 

From this action of the board appeal was taken to the county superin- 
tendent, who, on June 6, 1904, rendered his decision affirming the action 
of the board, as set forth in the resolution, and approving the selection of 
the site made by the committee appointed under the resolution. 

From this decision of the county superintendent G. E. Hancock et al. 
appeal to the state superintendent, and ask a reversal on two grounds: 

First, that the order and proceedings of the school board were unauthor- 
ized, and 



112 SCHOOL LAW DECISIONS 

Second, that, had the action been regular, the removal of the school- 
house to the location where the testimony shows the committee proposed 
to move it, would be prejudicial to the rights of appellants and the school 
patrons and tax payers of the township. 

Section 2773 of the code makes it the duty of the school board to "fix 
the site for each schoolhouse," and it has been held by this department 
that "the power to locate sites for schoolhouses is vested, originally, ex- 
clusively in the board." 

Counsel for appellees contend that when the action of March 21st was 
taken it was well understood by all members of the board where the 
schoolhouse was to be placed. While this is altogether probable, it is "not 
revealed in any way in the records, and there was nothing in the resolu- 
tion that limited the committee in any particular. Neither is there any 
record to show that the committee was to report its findings back to the 
board for final action. In fact, the contrary is inferred, since the com- 
mittee was "empowered to let contract for moving schoolhouse, survey- 
ing school site, and all other work pertaining to such work, and to draw 
orders on the treasurer to pay for the same." 

We are of the opinion that the board clothed this committee with 
powers which a school board alone can exercise. 

A committee of the board may properly make choice of a definite site 
and secure an option from the owner of same, either to lease or sell, and 
then report back to the full board for adoption or rejection. 

The fact that the committee did make a report to the board on the 
eighteenth day of June, — twelve days after the county superintendent gave 
his decision, — does not legalize the act of the board in appointing the 
committee with powers which the board could not legally delegate. It was 
the evident intent of the board when appointing the committee that no report 
was expected, at least not until the entire work of surveying the site and 
of moving the schoolhouse should be completed. The board was further 
in error in authorizing a committee of its members to "draw orders on the 
treasurer." Section 2 780 of the code makes it the duty of the board to 
"audit and allow just claims against the corporation, and no order shall be 
drawn upon the treasury until the claim therefor has been audited and 
allowed." 

Since the powers delegated to the committee were unauthorized by law, 
it follows that the work of the committee can not stand. It is thus unneces- 
sary to enter into a full discussion of the second contention of plaintiff, 
viz.: that the site selected by the committee, had it in fact been regularly 
and legally selected, would have been an abuse of discretion and reversible 
error. 

But since the board will have the whole question before it anew, we 
venture to suggest that in adjusting the subdistrict boundaries or in chang- 
ing the location of one or more of the schoolhouses, careful deliberation 
should be had and the strict form of the law should be adhered to. 

The record of the case shows that the board has for years attempted 
to harmonize conflicting interests and has, as we believe, sought in good 
faith to serve the interests of the entire township. While it is incumbent 
upon the board to furnish reasonable school privileges for all the children 
of the township, it would, in our judgment, be unwise to create a new 
subdistrict and establish an additional school. Last year there were but 



SCHOOL LAW DECISIONS 113 

184 pupils enrolled in the entire township of Franklin. In some of the 
schools of this township the enrollment is now far too small for satisfactory 
school work or reasonable economy in the maintenance of the school. 
A saner course than the establishing of an additional school would be for 
the board to furnish transportation for those children remote from school. 
Indeed, we are strongly of the opinion that some of the schools now exist- 
ing could be profitably abandoned and the children carried to another 
school, which could easily be made a better school. We commend to the 
board a careful consideration of this suggestion, believing as we do that 
partial consolidation of school interests and transportation of pupils remote 
from school will solve the difficult problem with which the board has been 
contending for years. We venture this suggestion as one of the means of 
meeting a difficult situation and at the same time of increasing the enroll- 
ment and average attendance in the township. 

But whatever course the board may take, the interests of the entire 
township must be considered and an adjustment made that will do prac- 
tical justice to all. It is with the confident belief that the board will make 
such adjustment that the case is remanded for further consideration and 
action. Reveesed akd Remanded. 

JOHN F. RIGGS, 
Superintendent of PuMic Instruction. 

Des Moines, Iowa, November 14, 1904. 



A. Bngbees et al. v. School Township of Richmond. 
Appeal from Mahaska County. 
Recokds. The secretary's record shoula show a copy of each notice, a complete 
account of the transactions of all meetings of the board and of the electors, 
arranged in chronological order, the date of each being given, the names of 
the members present at each meeting of the board, and the names of those 
voting for and against each proposition acted upon by it. 

Record — Defective. A defective record may render it impossible to try a 
case on its merits. 

Election — Notice of Proposition. No proposition may legally come before the 
electors at a regular or special meeting unless ten days' notice has been given. 
Notice Form of Proposition. Tne proposition submitted to the electors must 
not differ in any essential from the proposition as advertised in the notices. 
Notice — Form of Proposition. The proposition submitted to the electors must 
not differ in any essential from the proposition as advertised in the notices. 
Vote of Electors — Instructions. When the electors vote a schoolhouse tax 
to erect a schoolhouse on a particular site the board is without power to erect 
it on a different site. 

Jurisdiction of Superintendent. Neither the county superintendent nor the 
superintendent of public instruction have jurisdiction over -questions arising 
under the voting of taxes. 

The transcript in this case shows that on the sixth day of March, 1905, 
the electors in Subdistrict No. 10 of Richland township decided to ask that 
a tax be voted for the erection of a schoolhouse in said subdistrict on the 
old site. 



114 SCHOOL LAW DECISIONS 

At the annual meeting held one week later the proposition was pre- 
sented to the electors, the secretary's record of the proceedings being as 
follows: 

"No. 10, subdistrict, asked for tax to build new schoolhouse; amount, 
$700. They also asked for new road to schoolhouse; amount not named. 
Motion made to move schoolhouse site one hundred rods south and one- 
half mile west in subdistrict number ten from what it is now, providing 
the tax for schoolhouse carried." 

Eighty-four ballots were cast for this motion, fifteen against, and one 
blank. 

The school board held meetings on March twentieth, April tenth. May 
twenty-seventh and July twenty-second. But the record does not show who 
of the members were present, although the testimony would indicate that 
a majority of the members were present at each meeting. It appears that 
no motion was made or vote taken at any one of these meetings and the 
secretary, so far as the transcript shows, took no minutes of what may 
have been informally agreed upon. 

The following advertisement appeared in the New Sharon Star for four 
consecutive weeks, beginning with the issue of June 14, 1905: 

Bids for Schoolhouse. 

The school board of Richland township will receive bids for the building 
of a new schoolhouse in Subdistrict Number 10, Richland township, Ma- 
haska county, Iowa. Plans and specifications are now In the hands of the 
secretary, with whom bids may be left. Said bids will be opened July 22, 
1905. The board reserves the right to reject any and all bids. 

Mamie Lindsley, Sec, 

Peoria, Iowa. 

Bids were opened and the contract awarded July 2 2d, and on the same date 
appeal was taken to the county superintendent who, after admitting an 
amendment to the affidavit of appeal, proceeded with the trial and rendered 
a decision, ordering the schoolhouse to be placed on the old site. From thla 
decision of the county superintendent the board of directors appeal to the 
superintendent of public instruction. 

We can not condemn too strongly the careless manner, both in transact- 
ing the business and in keeping the records in this school township. The 
secretary's records should show copies of all notices posted, a complete 
record of all business transacted at the annual meeting of electors, the 
date of every meeting of the board and the place held, the members present, 
the votes taken, and every important item of business transacted. Par- 
ticularly in all matters relating to the voting of taxes and expending of 
public money the records should be full and explicit. But in the case at 
bar, with four meetings of the board held, and important questions involving 
the expenditure of public money determined, there is no evidence that the 
business transacted at any of these meetings was made a matter of record. 
While there is nothing in the testimony to show that the board acted in 
bad faith or purposely sought to deceive, the record is so incomplete that 
the actions from which appeal Is sought to be made could not be easily 
located or the nature of the action clearly determined. 



SCHOOL LAW DECISIONS 115 

The transcript in the case does not give a copy of the notice of the 
annual meeting (required by section 2 746 of the code), and the record is 
silent as to what said notice contained. This omission is unfortunate, 
for the whole question of the legality of the action taken by the electors 
and the subsequent actions of the board rests upon the contents of this 
notice. Section 2 749 of the code enumerates certain powers the electors 
may exercise when assembled at the annual meeting on the second Monday 
in March, among others the power to vote a schoolhouse tax for the pur- 
chase of grounds and the construction of schoolhouses. Section 2 746 pro- 
vides that the secretary of the board of directors shall give not less than 
ten days' notice of said meeting by posting notices in at least five public 
places in the corporation, said notices to specify "the place, day, hours 
during which the meeting will be in session, specifying the number of 
directors to be elected and the terms thereof, and such propositions as will 
be submitted to and determined by the voters." 

In the case of Goerdt v. Trumm, 118 Iowa, page 207, the supreme court 
holds that none of the propositions enumerated under section 2 749 can be 
legally acted upon by the electors at the annual meeting unless specific 
and legal notice has been given that such proposition or propositions will 
be submitted. In the case at bar, with the incomplete transcript, we are 
unable to know whether or not the action taken by the electors March 
thirteenth was legal. 

The preponderance of the testimony shows that the motion voted upon 
was understood by the electors to combine two propositions, viz.: the 
location of the site and the voting of the tax. If then the notices previously 
posted by the secretary stated that the question of voting a tax to build on 
a site at or near one hundred rods south and one-half mile west of the old 
site would be submitted, the vote on such question locating the school- 
house .and voting the tax for its erection was legal and the board was 
without power to select a different site. 

While the record is entirely silent as to the contents of the notice of 
the annual meeting posted by the secretary, it is improbable that any 
mention was made in such notice that a change of site was contemplated, 
for Mr. W. S. Lindsley, in his testimony, says: "At the annual meeting I 
made the suggestion that we change the scholhouse site from where it was 
to one hundred rods south and a half mile west." It appears that this 
suggestion was made for the first time at the annual meeting, and that it 
had not been mentioned in the written notices posted by the secretary 
ten days before, and therefore could not be considered by the electors. If 
no notice of the site proposition was given, the fact that it was coupled with 
the tax proposition would invalidate the entire vote, even if legal notice as 
to the tax proposition had been given, the rule being that the proposition 
as voted upon must not differ in any essential from the proposition as ad- 
vertised. 

If then the electors acted within their rights in voting the tax and the 
location, the board was under the necessity of carrying out the instruction 
given. (Rodgers v. School District of Colfax, 100 Iowa, 317.) If on the 
other hand the action of the electors in voting the tax and the location was 
illegal, no tax could be legally raised and no schoolhouse could be legally 
constructed. In either case an appeal would not lie. If the whole pro- 
cedure has been without warrant of law, as wq suspect, the board may be 



116 SCHOOL LAW DECISIONS 

enjoined from collecting or applying any public funds for the payment of 
site or construction of school building. 

The county superintendent was without jurisdiction, and the case is 
therefore Dismissed. 

JOHN P. RIGGS, 
Superintendent of Public Instruction. 
Des Moines, Iowa, November 27, 1905. 



Rose Byrne v. Independent School District of Struble. 

Appeal from, Plymouth County. 

Dismissal of Teacher — Charges. Charges to warract a dismissal must be 
specific and sustained by evidence. Indefinite and anonymous complaints are 
InsuflBcient. 

Dismissal of Teacher — Appeal — Burden of Proof. In a trial before the 
county superintendent on an appeal from an action of the school board dis- 
missing a teacher the burden of proof is en the board. 

On the twenty-third day of January, 19 06, the board of directors of the 
Independent District of Struble met in special meeting to investigate cer- 
tain charges preferred against Rose Byrne, a teacher in the employ of said 
board. At said meeting seven communications (one of them anonymous), 
addressed to the school board, were read. Each of these communications 
contained one or more complaints against defendant teacher. At said meet- 
ing Miss Byrne was represented by her attorney and filed a denial of the 
charges. The transcript does not show that any evidence was introduced 
before the board in support of the charges, but that, after hearing the 
complaints read and the denial by defendant teacher, a motion to dismiss 
Miss Byrne at once was carried, three of the four directors present voting 
in the affirmative. Appeal was taken, and the case coming on for hearing 
before the county superintendent, the action of the board was reversed and 
Miss Byrne ordered reinstated in her position in the Struble school, where- 
upon the board appealed to the superintendent of public instruction. 

The case, as we view it, involves the question: 

First. Can a board discharge a teacher on complaints general in char- 
acter and without the introduction of evidence to fully substantiate the 
same? 

Second. In an appeal to the county superintendent from a decision of 
the board in dismissing a teacher, is the burden of proof upon the board 
or upon the teacher? 

Section 2 782 of the code provides that a teacher may be discharged for 
"incompetency, inattention to duty, partiality, or for any good cause." 

While the boards are given large discretion and, in the trial of such 
cases, are not required to observe the strict forms of a court of law, it is 
necessary that they make thorough investigation of charges lodged; that 
the charges, if proven true, be of sufficient consequence to warrant a ter- 
mination of the contract, and that such charges be specifically set out and 
clearly proven. 



SCHOOL LAW DECISIONS H7 

In the case at bar the charges were so general in character, and some of 
them so trivial, that full testimony from creditable witnesses would be 
required to convince any court of review that they were sufficient to war- 
rant the board in dismissing the teacher. Such testimony was not given 
before the board. It was therefore the duty of the county superintendent 
upon appeal to take evidence and determine the very case the board had 
determined. (S. L. 2 819.) When the case was before the board, the 
burden of proof was unquestionably upon that body. The prosecution must 
establish the guilt of the accused, not the accused proved her innocence. If 
the board, without examining a witness or taking a word of testimony that 
would have standing in any court of law, can discharge a teacher, such 
board can not in the hearing before the county superintendent insist that 
the burden of pi'oof is upon the teacher. While the county superintendent 
must give due weight to the decision of the board, and will not reverse 
the board except upon a clear showing of violation of law or abuse of 
discretion, he can not require the teacher to offer testimony in proof of 
her innocence when the board has introduced no testimony to prove her 
guilt. 

The decision of the county superintendent is Affirmed. 

JOHN F. RIGGS, 
Superintendent of Public Instruction. 

Des Moines, Iowa, March 27, 1906. 



118 INDEX TO APPEAL CASES 



INDEX TO APPEAL GASES 



Page 

Abuse of Discretion. The board may not substitute Its own discretion 

for the clearly expressed instruction of the electors 81 

Action of Board. Must be affirmed in the absence of showing of malice, 

prejudice or violation of law 107 

Affidavit. An affidavit is a statement in writing of the errors com- 
plained of, signed and made upon oath before an authorized mag- 
istrate 5 

The affidavit answers its leading purpose if it sets forth the errors com- 
plained of with such clearness that the proper transcript may be 
secured 6 

A technical error in the affidavit not prejudicial to either party will not 

defeat the appeal 53 

The affidavit may be amended when such action is not prejudicial to 

the rights of any one interested 62, 72 

Must be accepted if sufficient to give the appellant a standing 72 

Appeal. An appeal may be taken from the refusal of the county superin- 
tendent to investigate charges brought against a teacher 14 

A case whose main purpose is to determine the validity of an order on 
the district treasury, or the equity of a claim, can not be entertained 
on appeal to the county superintendent 16 

Appeal may not be taken from an action or order complying with the 
terms of a contract previously made, nor from an action authoriz- 
ing the issuance of an order in payment of a debt contracted by 
previous action of the board 16 

The execution by the board of the vote of the electors upon matters 
within their control, is mandatory; from such action of the board 
no appeal can be taken. If such action is tainted with fraud, an 
application to a court of law is the proper remedy 20 

The right of appeal is confined to persons injuriously affected by the 
decision or order complained of. Ordinarily a person living in one 
subdistrict can not appeal from an action of the board locating a 
site in another 21 

Appeal will not lie to determine the constitutionality of a law 109 

The adoption of the committee's report in favor of retaining the old 

schoolhouse site, is an action from which appeal may be taken. ... 22 

The action of two boards upon a subject over which they have divided 
control constitutes a concurrent action, and appeal may be taken 
only from the order of the board taking action last 30 

May be taken by any resident aggrieved by an action of the board 33 

The hearing is not to be conducted by a rigid adherence to the technical 

forms and customs which prevail in the courts 44 

Will not lie to control the action of a board or of the county superin- 
tendent, where concurrence is provided for 48 

An appeal will not lie from an order of a board initiating a change in 
boundaries, where the concurrence of the board of an adjoining dis- 
trict is necessary to effect the change 49 



INDEX TO APPEAL CASES 119 

Page 

Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the 
board concurring, or refusing to concur, but not from the order 
of the board talking action first 49, 5^ 

May be talien from the action of the board in laying the subject-matter 

of a petition on the table 69 

Will lie from an action of the board which is made a matter of record . . 69 

Mere technical objections should not prevent the fullest presentation of 

the merits of the case, in the trial of an appeal 72 

Will not lie from joint action of boards making settlement of assets and 

liabilities \ 80 

The superintendent of public instruction may not entertain an appeal un- 
less thirty days' notice of such appeal has been served upon the 
adverse party 82 

Should be conducted with fairness and impartiality 93 

The law does not require the filing of a bond for costs or the giving of 

security therefor as a condition necessary to perfect an appeal .... 98 

It is the evident intent of the law to make it possible for aggrieved 
parties to have a hearing with the least possible delay and annoy- 
ance, and at the lowest expense 98 

An appeal may be taken from the decision of the board to place a peti- 
tion on the table 101 

Attendance. An actual resident may not be denied equal school advan- 
tages with other residents 68 

Board of Directors. The board shall be sustained In all legitimate and 
reasonable measures to maintain order and discipline, to uphold the 
rightful authority of the teacher, and to prevent or suppress in- 
subordination in the school 17 

If in the selection of a site the board violates law or abuses its discre- 
tionary power, its action may be reversed on appeal 20 

The board, though not bound by a vote of the electors directing the pre- 
cise location of a schoolhouse site, is required to so locate it as to 
accommodate the people for whom it is designed 20 

The action of the board can not be reversed upon the allegations of 

appellant without proof, or by reason of failure to make defense. . 22 

The acts of the board are presumed to be regular, legal, and just, and 

should be affirmed unless proof is brought to show the contrary. . 22 

The acts of the board must be presumed to be regular and should be 

affirmed unless positive proof is brought to show the contrary. ... 24 

Its action is presumed to be correct and for the interest of the district, 

until proved to be otherwise 61 

Has full power to provide and enforce a course of study 66 

May adopt its own course to decide the question of actual residence .... 68 

In locating a site the board acts wisely in taking into consideration the 

prevailing sentiment of the people 70 

In exercising its power in a semi-judicial capacity, the board should be 

able to show the very best reasons for its conclusions 75 

It is the first duty of the board to co-operate with and assist the teacher 

in the conduct of the school 75 

Is required by the law to visit the school and to aid and sustain the 

teacher in maintaining order and discipline 78 

A teacher can not be discharged by the board, except after a full and 

fair investigation 84, 86 

The board of directors of a school corporation has no jurisdiction over 

children after the termination of the school year 95 

Pupils may be expelled by the board for immorality, violation of the 
regulations and rules established by the board, or when their pres- 
ence is detrimental to the best interests of the school 95 

The board may not dismiss a teacher for refusing to teach grades other 

than those named in the contract 103 

The law does not require school boards to give parents or pupils notice 

or a chance for defense before ordering suspension or expulsion . . . 107 



120 INDEX TO APPEAL CASES 

Page 

The board may, by a majority vote, expel any scholar from school for 
immorality, or for any violation of the regulations or rules estab- 
lished by the board 107 

May not invest a committee with certain powers Ill 

Must provide school privileges — Transportation Ill 

In establishing districts, must take into consideration entire corpora- 
tion Ill 

Bond for Costs. The law does not require the filing of a bond for costs 
or the giving of security therefor as a condition necessary to per- 
fect an appeal 98 

Boundaries. Must conform to congressional divisions of land 33 

Of subdistricts, changed between September (July 1) and March 34 

In the determination of district and subdistrict boundaries, temporary 
expenditures and individual convenience should be subordinated to 
the more important considerations relating to simplicity of outline, 
compactness of shape, uniformity of size, and permanence of sites 
and boundaries 55 

The boundaries of a proposed independent district organized under the 
provisions of section 2 794 of the code, must include all of the city, 
town or village, and also such contiguous territory as is petitioned 
for by a majority of the resident electors 74, 105 

The extension of the boundaries of a municipal corporation extends 
the boundaries of the independent district of said municipal cor- 
poration 105 

Certificate. The county superintendent may refuse to entertain a peti- 
tion for the revocation of a teacher's certificate 14 

The county superintendent is charged with the responsibility of refus- 
ing to issue a certificate to any person unless fully satisfied that 
the applicant possesses the essential qualifications demanded of 
teachers by law 45 

The county superintendent is his own judge as to how fully he will give 

the applicant reasons for the refusal of a certificate 45 

The decision of a county superintendent refusing a certificate will not 
be interfered with on appeal unless it appears that he acted from 
passion or prejudice 38, 99 

The county superintendent should require proof that the applicant for a 
certificate possesses good moral character, unless he has personal 
knowledge of the same 99 

The county superintendent is fully justified in refusing a certificate to an 
applicant who fails to furnish satisfactory evidence of good moral 
character 99 

Certiorari. A fraudulent or illegal action may be corrected by applica- 
tion to a court for a writ of certiorari 20 

Charges. Must be clearly sustained by the evidence 36 

Must be specific 

Claims. Just claims against the district can be enforced only in the 

courts 13 

Contested Election. The proper method of determining a contested elec- 
tion for school director is by an action brought in the district 
court 9 

Contract. It is the province of the courts of law to decide as to the valid- 
ity of a contract 68 

Made by a committee requires the approval of the board in session . . 13 

A refusal of the teacher to agree to a change in a legal contract with 

the board is no ground for discharge j^03 

Correction of Decision. The superintendent, in the discharge of his judi- 
cial duties, may, within a proper time, recall and correct a decision 
erroneosuly rendered 108 

Costs of Appeal. Before an appeal from the order of the county superin- 
tendent taxing costs can be entertained by the superintendent of 
public instruction, a motion to retax such costs should be filed with 
the county superintendent 82 



INDEX TO APPEAL CASES 121 

Page 

The law does not require the filing of a bond for costs or the giving of 

security therefor as a condition necessary to perfect an appeal . . 98 

When taxed to party bringing action 109 

When taxed to school corporation 109 

County Superintendent. Has no juricdiction of an appeal until an affi- 
davit is filed in his office. The appeal must be taken by affidavit. . . 5 

The weight that properly attaches to the discretionary actions of a tri- 
bunal vested with original jurisdiction, does not apply to the de- 
cisions of an inferior appellate tribunal 22 

May make a conditional ruling, by which his own decision will be gov- 
erned 27 

The county superintendent is not limited to a reversal or affirmance of 
the action of the board, but he determines the same questions 
which it had determined 27 

A county superintendent should not ask the state superintendent to de- 
cide a case on appeal for him, but may ask for an interpretation of 
law, either by the state superintendent, or through him, by the 
attorney-general 32 

Does not have the power to interpret the legal value of a contract. ... 67 

Should reverse the action of the board only upon the clearest and most 

explicit proof of abuse of discretion 70 

Should give effect to the law 

Unless a marked abuse of discretionary power is clearly and con- 
clusively proved, his action in refusing or revoking a certificate will 
not be interfered with on appeal 71 

On appeal may do no more than the board might have done . 77 

Should dismiss an appeal as soon as it becomes certain that the leading 

issue may be heard and decided only by a court of law 80 

The county superintendent has only appellate jurisdiction and should 
sustain the action of the board unless it is clearly shown the board 
violated or abused its discretion 86 

On appeal, the county superintendent can make such order touching 

boundaries as the board should have made 88 

Has large discretionary power in the matter of issuing or withholding 
certificates, and his decision will not be reversed unless it is clearly 
shown that he was prompted by prejudice or ill-will, or acted with 
manifest injustice '. 99 

He may refuse to enroll such persons as members of the normal insti- 
tute as he has reason to believe are morally deficient 99 

He should require proof that the applicant for a certificate possesses 
good moral character, unless he has personal knowledge of the 
same 99 

He may, within a proper time, recall and correct a decision erroneously 

rendered 108 

He is warranted in rendering a decision based upon certain conditions. . 108 

Discharge of Teacher. A teacher can not be discharged by the board ex- 
cept after a full and fair investigation 84 

The teacher is entitled to a reasonable time to prepare for and make 

defense 84 

The action of the board in discharging a teacher, after a full and fair 
investigation, will not be reversed unless it is clearly shown that 
the board violated law, abused its discretion, or acted with mani- 
fest injustice 86 

The board may not dismiss a teacher for refusing to teach grades other 

than those named in the contract 103 

Charges necessary 116 

Burden of proof 116 

Discretionary Acts. Should not be disturbed except upon evidence of 

unjust exercise of discretion 5 

The decision of the authority having original jurisdiction is entitled to 

much consideration 14 



122 INDEX TO APPEAL CASES 

Page 

Suggestion^ from the electors upon matters entirely within the control of 
the board will in no manner prevent the fullest exercise of the 
discretion vested in the board by the law 29 

Abuse of discretion is not established by testimony showing that a differ- 
ent action would have been preferred by the electors 34 

Action by the board unduly delaying the final consideration of an im- 
portant matter may be regarded as an evidence of prejudice 39 

In the exercise of discretion, the benefit of every reasonable doubt must 

be given in favor of the correctness of official acts 44 

Unless a marked violation of the large discretion vested in the county 
superintendent is proved clearly and conclusively, his action in re- 
fusing or revoking a certificate will not be interfered with on 
appeal 45 

In the absence of proof that the board has abused the authority given it 
by the law, its orders will not be set aside, although another decision 
might to many seem preferable 57 

It is not the province of an appeal to discover and to correct a slight 
mistake. The board alone must bear any blame that may attach 
to a choice deemed by appellants somewhat undesirable, but not 
an unwise selection to such a degree as to indicate an abuse of the 
discretion ordinarily exercised 57 

To warrant interference with a discretionary act, abuse of discretion 

must be proved beyond a reasonable doubt 57 

In the determination of appeals, the weight which properly attaches to 
the discretionary actions of a tribunal vested with original jurisdic- 
tion should not be overlooked 61 

The fact that some other action would have been desirable or preferable 

does not establish that the board abused its discretion 61 

The order complained of is reviewed not to discover the desirability of 
the action, but to determine whether sound reason and wise dis- 
cretion were followed 61 

The order of a board should be reversed only upon the plain showing 

that the law has been violated or discretion grossly abused 66 

An appellate tribunal is not to decide mainly whether the action com- 
plained of was wise, or the best that might have been taken, but 
■ simply whether a reversal is required by the evidence . 74 

The board may not substitute its own discretion for the clearly ex- 
pressed instruction of the electors 81 

Transportation of pupils is discretionary with the board of directors, 

but may often be a better plan than providing additional schools. . m 

District Organization. The county superintendent has no jurisdiction to 

determine the validity of district organization 34 

Election. The certificate of the officers of the subdistrict meeting is the 
legal evidence of election as subdirector, and as a general rule a 
board of directors is justified in declining to recognize a person as a 
member of the board until he produces such certificate 9 

The boundaries of a proposed independent district having been fixed, 
it is the duty of the board to give notice of a meeting of the voters 
of the territory included in the proposed district 88 

Notice necessary 1]3 

Electors. The electors are the sole and final judges of the desirability 

of a separate organization 88 

Evidence. Where the law requires the evidence of a transaction to be 
in writing, oral evidence can be substituted only if the writing can 
not be produced 9 

To establish malice or prejudice on the part of the board, positive testi- 
mony must be introduced, and the evidence must be conclusive. . . 86 

Existing School. The order expelling a scholar must be from an existing 
school. The scholar's relationship with the school is severed when 
the school year has closed and vacation has begun 93 



INDEX TO APPEAL CASES 123 

Page 

Expenditure of Money. When money is voted by the electors for a 
specified purpose, or where they couple certain directions with their 
vote when authorizing the expenditure of money, such directions or 
vote may not be disregarded by the board 100 

Expulsion of Pupils. Pupils may be expelled by the board for Immoral- 
ity, violation of the regulations and rules established by the board 
or when their presence is detrimental to the best interests of the 
school 93, 105 

The order expelling a scholar must be from an existing school 93 

The law does not require school boards to give parents or pupils notice 

or a chance for defense before ordering suspension or expulsion. . 105 

Hearing. If the county superintendent can not hear testimony for 
parties at the time set for hearing, he should give the parties ample 
time later to make a clear and full presentation of their cause .... 93 

Highway. If possible, every schoolhouse site should be upon a public 

highway 27 

Independent District. The boundaries outside the town plat depending 
upon the petition of the electors, such boundaries may not be fixed 
until petitioned for 77 

The provision of section 2794 of the code, requiring the board of a 
school township, upon proper petition, to establish the boundaries 
of a proposed independent district, is mandatory 88 

In the formation of an independent district under section 279 4. of the 
code, all the town must be Included in the proposed district, not- 
withstanding the fact that said town was formerly located partly 
in a school township and partly in a rural independent district. . . . 105 

Injunction. The execution of a fraudulent vote of the electors may be 

prevented by a writ from a court of law 15 

Janitorial Services. If a teacher serves as janitor in sweeping the room 
and building fires, he should be paid from the contingent fund for 
such services 31 

Jurisdiction. An application for an appeal filed within thirty days from 
the act complained of will not give the county superintendent juris- 
diction of the case 5 

The county superintendent does not have jurisdiction of cases involving 

a money demand ; . . 12 

The county superintendent has jurisdiction only of the matter to which 

the appeal relates 21 

An appeal will not lie to enforce a contract 30 

A former order of the board, or a decision of the county superintendent 
on appeal, will not operate to prevent the board from exercising its 
discretion anew, when good reasons exist for such action •. 44 

In most matters with which boards have to do under the law, their 
authority and responsibility are absolute, and their jurisdiction is 
complete and exclusive 44 

The jurisdiction of an appellate tribunal is not greater than that of the 

board from whose action the appeal is taken 50 

"When its order is afiirmed, the board is left free to take another action, 

if thought best 57 

In change of boundaries by two boards, an appellate tribunal acquires 
only the same power possessed by the board from whose action 
appeal is taken, and may do no more than to affirm the order, or to 
reverse and do what the board refused to do 58 

It Is very undesirable to bring matters involving a money consideration 

before the county superintendent on appeal 80 

The board of directors of a school corporation have no jurisdiction over 

children after the termination of the school year 95 

Majority Vote. Of whole board required to change subdistrict bound- 
aries 34 

Mandamus. Is a remedy if the board refuses to carry out a vote of the 

electors 13 



124 INDEX TO APPEAL CASES 

Page 

To compel the performance of an official duty, appeal sometimes con- 
sumes valuable time. Mandamus is often a more speedy and bet- 
ter remedy 39 

Should the board fail to give the notice of election required by section 

2 794 of the code, it may be compelled to do so by mandamus 88 

Moral Character. The county superintendent should require proof that 
the applicant for a certificate possesses good moral character, un- 
less he has personal knowledge of the same 99 

The county superintendent may refuse to enroll such persons as mem- 
bers of the normal institute as he has reasons to believe are morally 
deficient 99 

The county superintendent is fully justified in refusing a certificate to an 
applicant who fails to furnish satisfactory evidence of good moral 
character 99 

New Questions. Questions not raised at the hearing before the 
county superintendent, nor before the superintendent of public in- 
struction at the time the appeal was heard by him, can not be con- 
sidered for the first time on an application for a rehearing 91 

Normal Institute. The county superintendent may refuse to enroll such 
persons as members of the normal institute as he has reason to be- 
lieve are morally deficient 99 

Notice. The county superintendent should not issue notice of final hear- 
ing until the transcript of the district secretary has been filed .... 5 

Appearance at the trial is a complete waiver of notice 50 

The law does not require school boards to give parents or pupils notice 

or a chance for defense before ordering suspension or expulsion .... io7 

Notice of meetings of electors mandatory 113 

Oral Argument. The failure of counsel for appellee to present oral 
argument, after being informed of the hearing, will not justify a re- 
opening of the case 97 

Petition. A petition may be used to bring to the attention of the board 
the kind of action desired by the petitioners, but a board may act 
with equal directness without such request 58 

Proceedings. The regularity of all the proceedings will be presumed 
upon. This is true in an especial sense when the records are more 
than usually complete 50 

Punishment. In applying correction, the teacher must exercise sound 
discretion and judgment and should choose a kind of punishment 
adapted not only to the offense, but to the offender 17 

The punishment of a pupil with undue severity, or with an improper in- 
strument, is unwarrantable, and may serve in some degree, to indi- 
cate the animus of the teacher 17 

The right of the parent to restrain and coerce obedience in children 
applies equally to the teacher, or to any one who acts in 
loco parentis 17 

Quo Warranto. The remedy of a person denied possession of an office 

to which he has been chosen, is an action in court 9 

Records. In the absence of the allegation of fraud, testimony to contra- 
dict or impeach the records of the district can not be received. ... 6 

The board may at any time amend the record of the district, when neces- 
sary to correct mistakes or supply omissions. And it may upon 
proper showing be compelled by mandamus to make such corrections 6 

The record of the secretary shall be considered as evidence, and can not 
be invalidated by parol evidence unless there is proof of fraud or 
falsehood 31 

Records not made and certified to by the proper officers as required by 

law are defective and may be impeached by collateral evidence. . . 36 

The official record is its own best evidence. Testimony intended to con- 
tradict the record should not be admitted 36 

The record of the secretary must be considered as evidence, unless there 

is proof of fraud or falsehood 50 



INDEX TO APPEAL CASES 125 

Page 

The record must be complete 113 

Effect of defective record 113 

Rehearing. To warrant a rehearing, some valid reason must be urged 41 

To obtain a rehearing the necessity must be clearly shown 44 

The application for a rehearing will be denied unless sufficient reasons 

have been presented warranting a change in the former opinion. . 91 

To warrant the superintendent of public instruction in granting a re- 
hearing it must be shown that some very serious error has been 
made 97 

Remanding of Cases. When the evidence discloses that the action of the 
board was unwarranted, and the facts are not sufficiently shown to 
determine what should be done, the case should be remanded to 
the board 25 

Restoration of Territory. The refusal of a board of directors of an inde- 
pendent district to concur in the restoration of certain territory 
may not be reversed except when clearly shown that such refusal 
was an abuse of discretion 93 

Rules and Regulations. Boards of directors and their agents, the 
teachers, may establish reasonable rules for the government of their 
schools '. 17 

Open violation of the rules can not be shielded from investigation under 

the plea that it invades the rights of conscience 17 

The pupil is answerable for acts which tend to produce merriment in the 

school or to degrade the teacher 17 

The teacher has the right to require a pupil to answer questions which 

tend to elicit facts concerning his conduct in school 17 

In establishing and enforcing regulations for the government of scholars 

the board has a large discretion 38 

The burden of proof is with the appellant to show that a rule is unrea- 
sonable 66 

Salary of Teachers. The control of salaries is wholly within the power 
of the board and can not be determined by an appeal, because it is 
not within the jurisdiction of county or state superintendent to 
order the payment of money 28 

The salary of teachers should be in proportion to their ability and re- 
sponsibility, and not equal when these differ materially 28 

School Funds. The treasurer is "the proper custodian of all funds, and 
may legally pay them out only upon orders specifying the fund upon 
which they are drawn and the specific use to which they are applied 13 

The courts of law alone can furnish an adequate remedy, if the law has 
been violated and the money of the district has been misappro- 
priated 16 

Schoolhouse. The board may legally remove a schoolhouse from one 

subdistrict to another only by vote of the electors 15 

When the electors have voted to remove a schoolhouse from one sub- 
district to another the board must execute such vote, and from 
its action in so doing no appeal can be taken 15 

There is no limitation in law as to the number of scholars to be accom- 
modated, in order that the board may provide a schoolhouse. ... 55 

Schoolhouse Site. It is important that a schoolhouse site be located on 

a public road, and as near the center of the subdistrict as practicable 12 

Subdistrict boundaries can not be changed in an appeal relating solely to 
locating a site, nor can a site be located with the expectation that 
boundaries will be changed unless such intention of the board is 
shown 21 

The action of a committee appointed by the board to locate a site is of 

no force until officially adopted by the board while in session .... 21 

The prospective wants of a subdistrict may properly have weight in de- 
termining the selection of a site, when such selection becomes neces- 
sary, but not in securing the removal of a schoolhouse now con- 
veniently located 24, 60 



126 INDEX TO APPEAL CASES 

Page 

To make a distinction between the children of freeholders and those of 
tenants in determining the proper location for a schoolhouse, is 
contrary to the spirit and intent of our laws 24 

The necessities of the present must be observed in locating schoolhouse 

sites, in preference to the probabilities of the future 25, 60 

The location of a schoolhouse can be dependent upon a change of 
boundaries only when it is shown in evidence that it is the definite 
and positive intention to make such a change 27 

A schoolhouse site fixed by county or state superintendent affirming the 
discretionary act of the board, allows the board to exercise its dis- 
cretion again, especialy if material changes have occurred . 29 

The endeavor to show regard for the expressed wishes of the electors In 
the choice of a site will be an added reason in support of the action 
of the board 29 

Proper location of, depends upon form of subdistrict 33 

Every dwelling house must be taken into account, as some one entitled 

to school advantages may hereafter reside there 41 

When it is the evident intention of the board to relocate the site as 
near as possible in the center of the subdistrict, in order to furnish 
equal school facilities to all the residents, its action should not be 
materially interfered with 41 

It is not the province of an appeal to determine which of two sites is 

the better 65 

When purchased need not necessarily be upon a highway 74 

In the location of a schoolhouse site the board is justified In conslder- 
ering the wishes of a majority of the people as Indicated in the 
vote upon the issuance of bonds 100 

School Orders. When improperly issued, a proper remedy is injunction 11 

School Privileges. Are not acquired by temporary removal Into a dis- 
trict for the purpose of attending school 11 

Board must provide Ill 

The law to be construed in the interest of the child. The actual resi- 
dence of the scholar at the time will establish the right to attend 
school free of tuition • 53 

Are not guaranteed children elsewhere than In the district of their . 

residence 62 

Attendance In another district depends upon the board of that district, 

and must therefore be regarded as a contingency 62 

To the fullest extent possible, the board should equalize the distance 

to be traveled to school 62 

Schools. The wealthier portions of the community should aid their 

neighbors in sustaining good schools 28 

Special Meeting. A meeting of the board, called for the specific purpose 

and of which the teacher was not served with due and proper 84 
notice, could not legally discharge such teacher 

A teacher may not be disclaarged at a special meeting called for the 

purpose of securing a modification of his contract 103 

Subdirector. The subdirector may expend money in his subdistrict only 

in the manner authorized by the board 13 

Subdistrict. A subdistrict is not a corporate body, and has no control 

of any public fund 13 

Subdistrict Boundaries. The acts of a board changing subdistrict 
boundaries and locating schoolhouses are so far discretionary that 
they should be affirmed on appeal, unless it is shown beyond a 
doubt that there has been an abuse of discretion 22 

A case involving a change of subdistrict boundaries, having been ad- 
judicated by the county superintendent reversing the action of the 
board, and being affirmed by the superintendent of public instruc- 
tion can not again be brought upon appeal, unless it Qan be shown 
that some change materially affecting the conditions of the case 
has taken place since the date of the former decision 40 



INDEX TO APPEAL CASES 127 

Page 

A subdistrict long established, embracing a territory having sufficient 
number of scholars to maintain a good school, should not be abol- 
ished, unless the general school facilities of the township will be 
improved thereby 40 

In changing subdistrict boundaries, both the present and the future 

welfare of the district township should be considered 40 

The boundaries of subdistricts may be changed, or new subdistricts 
formed, only at the regular meeting of the board in September, 
(July), or at a special meeting held before the following March. . 40 

When an action has been reversed by the county superintendent, and 
that decision affirmed by the superintendent of public instruction, 
the board can not act again until a material change has taken 
place 74 

Subdistricts. Should be, if possible, compact and regular in form. In 
well populated district townships, two miles square is considered 
a desirable area 12, 55 

It Is very important that subdistricts should be regular in form, and 
that where it is possible, schoolhouses should be located at or near 
geographical centers 55 

The board should be encouraged in forecasting a general plan looking 

toward an ultimate regularity in the form of subdistricts 55 

Teacher. The teacher is entitled to the counsel and co-operation of 
the subdirector and board in all matters pertaining to the conduct 
and welfare of the school 23 

When a teacher is dismissed in violation of his contract, an action in the 
courts of law will afford him a speedy and adequate remedy; when 
discharged for incompetency, dereliction of duty or other cause af- 
fecting his qualifications as a teacher, he has the right of appeal . . 23 

The law provides that the teacher shall have a fair and impartial trial, 
with sufficient notice to enable him to rebut the charges of his ac- 
cusers 36 

In the trial of a teacher the board is bound carefully to protect the in- 
terests of the district and to seek the welfare of the school, as well 
as to regard the rights guaranteed to the teacher 50 

Ab an employe of the district the teacher may justly claim and expect to 

receive, the official assistance and advice of the board 56 

The law insures the teacher a fair and impartial trial, before he may 

be discharged 56 

A teacher may justly claim and expect to receive, the assistance and 
advice of the board, and especially the help of his own subdirector, 
In the proper conduct of his school 75 

It is alike due to the dignity of the board and the rights of the teacher 
that no one should be discharged except after thorough Investi- 
gation and the clearest proof. If possible, the teacher should be 
shielded from the stigma of discharge 75 

Full opportunity must be afforded the teacher to make defense against 

charges 78 

Should not employ unsuitable and unusual methods of punishment. ... 78 

A teacher can not be discharged by the board, except after a full and 

fair investigation 84 

The board may not dismiss a teacher for refusing to teach grades other 

than those named in the contract 103 

Territory, Where territory is to be transferred by concurrent action of 
two boards to the district to which it geographically belongs, a ma- 
jority of the members elect is not necessary, as required for the 
change of subdistrict boundaries v 31 

All territory must be included within some school district 33 

The refusal of a board of directors of an independent district to concur 
in the restoration of certain territory may not be reversed except 
when clearly shown that such refusal was an abuse of discretion. . 93 

All territory must be contiguous to the district to which it belongs. ... 58 



128 INDEX TO APPEAL CASES 

Page 

Testimony. Unless obviously Immaterial, testimony offered should be 

admitted and given such weight as it merits 5 

At the hearing of an appeal, it is competent for the county super- 
intendent, upon his own motion, to call additional witnesses to give 
testimony 6 

New testimony can be introduced only when the facts materially affect- 
ing the case could not have been known before the trial 25 

To be legal must be given under oath 34 

Sufficient latitude should be allowed in the introduction of testimony to 
permit a full presentation, of the issues involved, even if irrelevant 
testimony is occasionally admitted 41, 72 

Opinions unsupported by facts do not become satisfactory evidence .... 61 

If selfish or other improper motives are complained of, the testimony 

must show such facts conclusively 65 

Tiine. The time in which to take the initiatory steps to form an inde- 
pendent district is not fixed by the statute 88 

Transportation of Pupils. Often better than maintaining additional 

schools Ill 

Tuition. To enable the district in which the children reside to collect 

tuition, all the requirements of the law must first be fulfilled ... 48 

Failing to substantiate a claim to residence, a nonresident may attend 

school only upon such terms as the board deems just and equitable. 68 



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